tag:blogger.com,1999:blog-2506514005426983269.post7191111740134526773..comments2023-10-28T08:02:44.565-05:00Comments on illusory tenant: Erratumillusory tenanthttp://www.blogger.com/profile/08524761974822871419noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-2506514005426983269.post-62875152628382885132008-11-18T16:58:00.000-06:002008-11-18T16:58:00.000-06:00From the news bit: "He also offered a clean campai...From the news bit: "He also offered a clean campaign pledge that includes a promise to repudiate false accusations made by third-party groups during the campaign."<BR/><BR/>Along these lines, I think it would be most interesting for the two candidates to discuss the accusations that were made in the Gableman / Butler race. Randy, you go first.Display Namehttps://www.blogger.com/profile/15842340986220388709noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-86465752552625911822008-11-18T14:03:00.000-06:002008-11-18T14:03:00.000-06:00A "faint-hearted" originalist, as he puts it.A "faint-hearted" originalist, as he puts it.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-77292549006879411662008-11-18T14:00:00.000-06:002008-11-18T14:00:00.000-06:00How exactly is that different? In order for the n...How exactly is that different? In order for the necessary and proper clause to mean anything, he has to believe that one of the "foregoing" powers (in this case the Interstate Commerce Clause) applies. Either way, he's expanding "commerce among the several stated" to apply to something that isn't commerce and isn't among the several states. If you're an originalist, the necessary and proper clause only allows you to execute power already granted by the constitution. See Federalist 44.<BR/><BR/>That's the whole problem with Scalia. He's only an "originalist" when it fits his politics. Which makes him not an originalist at all.JesusIsJustAlrightWithMehttps://www.blogger.com/profile/07943373959282558773noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-5387795185924619752008-11-18T13:30:00.000-06:002008-11-18T13:30:00.000-06:00To be fair to Justice Scalia, he didn't join the m...To be fair to Justice Scalia, he <A HREF="http://www.law.cornell.edu/supct/html/03-1454.ZC.html" REL="nofollow">didn't join</A> the majority opinion in <I>Raich</I>, and he agreed that simple possession is neither interstate nor commerce.<BR/><BR/>What he said essentially is that it was "<A HREF="http://caselaw.lp.findlaw.com/data/constitution/article01/44.html" REL="nofollow">necessary and proper</A>" for Congress to regulate all Schedule I controlled substances in order to achieve its larger goals, which were authorized by the Interstate Commerce Clause.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-71019174588780317252008-11-18T11:24:00.000-06:002008-11-18T11:24:00.000-06:00It's crazy to me that anyone still thinks Scalia i...It's crazy to me that anyone still thinks Scalia is a judicial conservative, or bases his decisions on the original intent of the framers. I think Thomas still basically does, but after Scalia found that the interstate commerce clause allowed congress to regulate something that wasn't interstate and wasn't commerce (in Raich) he lost me.JesusIsJustAlrightWithMehttps://www.blogger.com/profile/07943373959282558773noreply@blogger.com