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Posts Tagged ‘Antonin Scalia’

On the December 2, 2012 episode of Exposing Faux Capitalism with Jason Erb, I covered the following articles:

1) Charlie Rose’s interview with U.S. Supreme Court Justice Antonin Scalia

- I spent most of the first hour providing an in-depth analysis of the interview

2) Veterans Today’s Gordon Duff and his elite bio

3) Coast to Coast AM has self-admitted disinformation promoter, Gordon Duff, on the show

4) Dennis Fetcho set to dismantle Alex Jones’ “ignorant” arguments about the Middle East on his December 1, 2012 broadcast

And I provided some unique analysis on the UN Palestine vote.

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English: Antonin Scalia, Associate Justice of ...

From the November 27, 2012 interview with Supreme Court Justice Antonin Scalia on Charlie Rose:

  • 9m – Says he supports a reasonable, not a strict interpretation of the Constitution. This is, of course, how he justifies so called “reasonable” limitations on the enumerated rights in the Bill of Rights, such as “reasonable” gun control restrictions.
  • 17m – Says back in the good old days, judges used to lie when changing the meaning of the Constitution, but now they make it mean whatever they say it means
  • 18m – Says he has no more power to interpret the constitution than the President or the legislative branch
  • 19m – His Lincoln hypocrisy on habeas corpus, in criticizing it, yet ruling in Hamdan v. Rumsfeld (2006) that habeas corpus didn’t apply to a non-U.S. citizen detained at Guantanimo Bay, in the absence of a constitutional suspension by Congress, despite the U.S. Constitution restricting the power of the federal government, regardless of the citizenship or location of the detainee.
  • 35m – He expressed his surprise about Chief Justice John Roberts’ tax clause ruling in support for Obamacare
  • 37m – Claimed that the majority opinion in Bush v. Gore was based upon the Florida courts allegedly violating the Constitution, yet mentioned about the U.S. Supreme Court decision ending the vote counting so the U.S. wouldn’t be a laughing stock
  • 41m – Says judicial activism started under the Warren court
  • 46m – Says he had to do all of the originalist interpretation when he got on the court, since no one else was doing that
  • 49m – Charlie Rose said he promised Scalia he wouldn’t ask him anything he didn’t already know the answer to, showing how such interviews are tightly scripted and controlled

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John Paul Stevens, U.S. Supreme Court justice.

Former Associate Supreme Court Justice, John Paul Stevens, explained the changing definition of “originalism” on the October 18, 2011 episode of Charlie Rose (starting at 4:04):

Originalism actually is described in different ways in different times. And some people think it refers to the original intent of the people who drafted either a statute or a constitutional provision. But I think more and more, in recent years, those who describe themselves as originalists and not focused on the intent of the draftsmen, but rather then on intent of the reader or the community in which the law is enacted or distributed.

He went on to say that Justice Scalia is in the latter camp.

The particular view of originalism that is taken can be very significant in reaching decisions on certain issues. For example, the Founders were clear that the Bill of Rights only intended to apply to the federal government and not the several States. Yet, it may be that it was the expectation of some in the Union that it should also apply to their particular state as well.

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