Who is Althouse? * View only LAW posts * Contribute * Use my Amazon Portal
I think Scalia forgot to read the 14th Amendment.
Amusing quote from Chesterton. Of course, Scalia's right about stare decisis (if wrong about incorporation, at least in my own view - I agree with Justice Black about that); some things are just water over the dam. And no, Jerome, I doubt he somehow forgot about the Fourteenth Amendment.
Is Scalia suggesting the limiting of the Supreme Court's power to overrule the 50 States' individual interpretations of the 14th Amendment's application within their borders? That would be fun to see in practice. Then the State Supreme Court's appointments and re-elections will become the political crusaders target of Choice. The Constitutional Law professors would become a political pressure point also.
JeromeWhich part of the 14th actually says that the first 10 are incorporated, ie apply to the states?
rdkraus, is that a rhetorical question, or are you actually asking.
Scalia is making the distinction that as a person he understand the need for precedent and may not like it, but also understands that you can't undermine an entire set of precedents by having every argument against a statute, law, or legislation be treated as a new occurrence. I'm inclined to not agree with him. Law is messy like spilling milk, but unlike law you clean up the milk. With law/precedent, you have to live with it.
Post a Comment