Monday, February 15, 2016
I'd gone into the co-op to buy a baguette, and when I got back in the car A. said, "Scalia died." "Good," I said, and I laughed. Few have done as much harm to American jurisprudence as Antonin Scalia, who
claimed that he was an "originalist" or a "textualist". Neither theory
of constitutional law is consistent with the common law tradition the
constitution emerged from, or the history of constitutional law from at least
Marbury on. What his theories allowed
him to do was to engage in a type of outcome determinative
decision-making that suited his political ideology. Since, under our
system, we are mostly stuck with his decisions we find that we are
living in a post-Scalia world. Tramp the dirt down.
// posted by Bill @ 4:07 PM 
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