|
|
Thread Tools | Display Modes |
02-26-2010, 03:08 AM | #1 |
Senior Member
Join Date: Dec 2005
Posts: 5,996
|
Justice Scalia, applying the little known "14 day rule" from the Constitution
http://supremecourtus.gov/opinions/09pdf/08-680.pdf
Originalism rules. I'm sure he applied it here. He always applies it. Right? To make up a 14 day rule which applies to the 5th Amendment... what am I saying. He didn't just make it up. It's probably in one of the Federalist Papers somewhere. |
02-26-2010, 03:40 PM | #2 | |
Assistant to the Regional Manager
Join Date: Aug 2005
Location: The Orgasmatron
Posts: 24,338
|
Quote:
I saw your swipe at Originalism but did Scalia make a reference to original intent in the decision? Or are you just swiping at Scalia because he is the center of originalism right now? Liberals are no more libertarian than conservatives any longer, so civil liberties are dead no matter who's in power.
__________________
Ἓν οἶδα ὅτι οὐδὲν οἶδα |
|
02-26-2010, 06:41 PM | #3 | |
Senior Member
Join Date: Dec 2005
Posts: 5,996
|
Quote:
Whether or not the 14 day rule is workable is debatable, but it isn't debatable that the rule has no foundation in originalism. I don't know how Scalia and conservatives can continue trumpeting originalism when they don't apply it in a significant number of cases which involve fundamental constitutional questions. |
|
02-26-2010, 07:47 PM | #4 | |
Assistant to the Regional Manager
Join Date: Aug 2005
Location: The Orgasmatron
Posts: 24,338
|
Quote:
Original intent is certain a good constraint upon justices. Whether the current jurisprudence is recognizable any longer is debatable now. The fact that we don't many unanimous decisions any longer seems to imply it's not working up there too well.
__________________
Ἓν οἶδα ὅτι οὐδὲν οἶδα |
|
Bookmarks |
|
|