Tuesday, April 22, 2008

Waiting for Antonin

I realized that I've posted half a dozen times, and not one has mentioned Antonin Scalia. Which is why I wanted to share my favorite line of the week, which comes from Scalia's dissent in Tennessee v. Lane.
Fed up with standards like "strict scrutiny" "intermediate scrutiny" and "congruence and proportionality" Scalia decided to apply a much older standard to determine Congress' power under the 14th Amendment: "I shall leave it to Congress, under constraints no tighter than those of the Necessary and Proper Clause."
That is fantastic. In the face of 50 years of case precedent, Scalia casts aside "flabby tests" and goes back to the actual text of the Constitution. I maintain that if Chuck Norris ever gets nominated to the Supreme Court, he will change his name to Antonin Scalia Jr.

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