Expertise's Politics and Sports Blog

Friday, June 27, 2008
Why we need more Scalias on the Supreme Court:

From The Corner:

"We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding "interest-balancing" approach [responding to Justice Breyer's proposal for a new standard for the right to possess a gun].  The very enumeration of the right takes out of the hands of government even the Third Branch of Government the power to decide on a case-by-case basis whether the right is really worth [his emphasis] insisting upon.  A constitutional guarantee subject to future judges' assessments of its usefulness is no constitutional guarantee at all.  Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope is too broad."

-  The Honorable Antonin Scalia, Associate Justice of the U.S. Supreme Court, in the majority opinion of DC v. Heller.

It's it refreshing to have a Justice write a sound opinion that actually heeds what is written in the Constitution?

Posted at 08:13 am by Expertise



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