Constitutional Kooks: Originalism and History

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Guest post by Dr. William Turner. 

News reports tell us that Supreme Court Justice Antonin Scalia lectured incoming members of Congress on the Constitution at the invitation of House member Michele Bachman.

Memo to the Members: Both Scalia and Bachman are Constitutional Kooks.

Bachman has said she wants her fellow Minnesotans “armed and dangerous” in response to certain pending federal laws.  I guess she missed the Supremacy Clause, Article VI, Clause 2, of the U.S. Constitution, which declares that laws enacted pursuant to the Constitution are “the supreme law of the land.”

But Bachman at least has the excuse of being a politician, and one who has to win reelection every two years as a Member of the House of Representatives (unless she plans unilateral rejection of that clause as well).

Scalia, by contrast, as a Supreme Court Justice, has no excuse.

Read the whole article


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