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Why would we want more judges like Anthony Scalia?

Originalism is an ideology, not a mandate coded into the Constitution. The Constitution was designed as a framework.

But listen to how it sounds: Originalism. If you're not too bright, you instantly think it sounds old. Almost like a companion document to the Constitution. Righties took these rubes for a ride.
 
But listen to how it sounds: Originalism. If you're not too bright, you instantly think it sounds old. Almost like a companion document to the Constitution. Righties took these rubes for a ride.

You're not wrong. But they need to consider that their ideology is just that, an ideology.
 
The sole purpose of the Constitution is the limit the scope of the government.
It defines the scope of the government; it specifically enumerates the powers we the people grant to the government.
 
The sole purpose of the Constitution is to grant the government powers.
It defines the scope of the government; it specifically enumerates the powers we the people grant to the government.
You have obviously not read it in detail. It's purpose is to limit and channel government powers.

Governments start with the power of life and death. The usual euphemism is police power, but the right to use naked force by whatever name. It still exist in USA in law enforcement and the military. The Constitution establishes three competing power groups--executive, legislative, judicial--to prevent one group from dictatorial power. It guarantees the right of free political speech, of assembly, of the right to petition grievances. It prevents executive law enforcement from search and seizure without judicial oversight. It prohibits the government from banning firearms. These are all familiar parts of our society and they are all limits on governmental power.

Someone has been lying to you.
 
In Lawrence vs Texas (2003) a gay man was arrested for having sex with another man in his own home.

This is that satute:




This case went to the Supreme Court and the Texas law was struck down as unconstitutional.

But guess who didn't vote to strike down this absurd law? Scalia, Thomas, and Rehnquist.

The whole idea that these people care about freedom is absurd. They just want to persecute gays and institute a theocracy. They just want a bunch of extremist Catholics on the court.

I'm pretty sure even more Republicans don't want another Scalia or any more of these Catholic extremists. Most Republicans don't want abortion banned. It's just the extreme religious nuts in the party. The American Taliban.


Did you even read the case and the dissenting opinions? Scalia's dissent was based on the court taking an activist role within the culture to "create a constitutional right", rather than doing what the court ought to do and that would be deciding a case based on what should otherwise be founded in equal protection.
 
You have obviously not read it in detail. It's purpose is to limit and channel government powers.

Governments start with the power of life and death. The usual euphemism is police power, but the right to use naked force by whatever name. It still exist in USA in law enforcement and the military. The Constitution establishes three competing power groups--executive, legislative, judicial--to prevent one group from dictatorial power. It guarantees the right of free political speech, of assembly, of the right to petition grievances. It prevents executive law enforcement from search and seizure without judicial oversight. It prohibits the government from banning firearms. These are all familiar parts of our society and they are all limits on governmental power.

Someone has been lying to you.

Without the Constitution, the government doesn't have unlimited powers. It ceases to exist. It has no powers. Rights are guaranteed by the Bill of Rights, not the Constitution itself.

In US v Cruikshank. 1876, SCOTUS recognized that "The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence."
 
The law was blatantly unconstitutional. How does the government have any right to control the sex acts of citizens in their own home?

How does it have any right to control economic transactions between two consenting adults?
 
Does the constitution give you the right to privacy and autonomy from government control?

First of all, the constitution doesn't "give" you the right to do anything.

Second, there is no "right to privacy", despite what the supremes say. The whole idea of a right to privacy is incoherent.
 
Without the Constitution, the government doesn't have unlimited powers. It ceases to exist. It has no powers. Rights are guaranteed by the Bill of Rights, not the Constitution itself. In US v Cruikshank. 1876, SCOTUS recognized that "The right there specified is that of "bearing arms for a lawful purpose." This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence."
You don't know your history. Governments started with warlords and absolute power. Tribal councils served as an advisor and moderating force and wise men/priests/shamen served as mediators. The genius of our Constitution is that it formalized these three roles on paper for the first time. Even the Magna Carta only embraced two of the three.

As a Union Steward for many years, I dealt with your misconception many times. Workers would ask where in the contract it said management could do this or that. The answer was the same. The Contract does not enable management. It's there to grant workers rights because management starts with the big stick. The Government starts with the power of life and death. The Constitution defines how the government is allowed to use it.
 
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