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WarTime

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May 30th 2012, 1:59:15

http://troyrecord.com/...fc2d8e90d409125951874.txt

Jim Franco columnist:
I know I took a shot at RPI President Shirley Ann Jackson’s annual Colloquy a couple weeks ago by calling it “boring as all get out.” But I attended last Friday and I have to say I was dead wrong. It was a fantastic event and what made it so were her guests who came to Troy to accept honorary degrees.

Honestly, it was like a real life episode of “The Big Bang Theory.”

There was Jackson, of course, a physicist used to head up the country’s Nuclear Regulatory Commission. She was joined by two Nobel Prize winners – Steven Chu, the U.S. Secretary of Energy, and Edward Feigenbaum, a pioneer in artificial intelligence. As well as one of the men behind inventing digital photography, Steven Sasson, and a former congressman, Bart J. Gordon, who headed up the Committee on Science and Technology. And there was one of only nine U.S. Supreme Court justices, Antonin Scalia, a self-proclaimed Constitutional originalist.

Rather than pretend to be smarter than I am by giving a commentary on what Scalia said, I’ll just give you some of what he said verbatim. I’m going that route for two reasons: One, I’m just not that smart and two, because as a self-described orignialist Scalia basis his decisions on the actual text of the Constitution. Plus, it’s a holiday weekend and I’d rather not have to think too hard about how to fill this space.

- To Jackson asking if he liked being an Associate Justice of the Supreme Court?

“No, I’m doing it for the money. I could have retired eight or 10 years ago at full pay. I’m probably too stupid to have this job.”

- To Jackson’s statement about how the world is so much different today thanks to the technological and scientific advances and how it applies to the orignialist philosophy.

“The Constitution is not for evolving. All you need to evolve is a Legislature and a ballot box. The Constitution is an impediment of change not a motor of change. … There are unalienable rights in the Constitution the people by their legislation cannot change. … It’s not really evolution. It’s an evolution into an inability to evolve.”

- To Jackson’s questions about the case of Massachusetts versus EPA that forced the federal government to regulated carbon dioxide and other greenhouse gases and why Scalia dissented.

“I don’t do science I do law. …It’s not the atmospheric protection agency it’s the Environmental Protection Agency and whether or not they have the authority to control the environment or outer space. That was the basis for my dissent, it wasn’t a scientific basis.

- Jackson then asked about the challenges the court faces when dealing with complex scientific issues like global warming.

“They are not put in a scientific framework. There is always a text that is adopted by Congress. … Whether we are preserving endangered species and all of that stuff, I don’t get into the policy of it. I look at the text of the statute and does it allow the agency to allow what the agency now doing. It’s a very hum-drum, textual exercise. It’s not at all imaginative. I’m sorry to tell you that. It’s pretty dull stuff.”

“The Bill of Rights is great but every dictator in the world today has a Bill of Rights. ... The key to our freedom has not been the Bill of Rights, I’m glad we have it, but what makes it live, what makes it something more than words on a paper is the real Constitution. …The structure our government.

If you have a structure that permits the centralization of power you can kiss the Bill of Rights goodbye. It doesn’t matter what they say. You wouldn’t want to live in most of the countries in the world that have a Bill of Rights. …There are very few parliamentary countries in the world where the executive isn’t a tool of the Legislature. If they aren’t a tool they hold a new election and get another executive.

One of those features that disburses power is federalism. Most of the laws you live under are not federal laws, as big as the federal government is. You can murder someone anywhere in the county and if you do it right you don’t break a federal law. Don’t use a machine gun and don’t shoot me.”

Twain Game profile

Member
3320

May 30th 2012, 12:14:11

I'm a liberal. I don't like the guy. But these quotes do very little to show why. He is an originalist, and I think that's a foolish way to look at the Constitution some 200+ years after it was written. However, these quotes simply confirm that. Nothing he says here is particularly bothersome or shocking. He voted against the EPA because of a jurisdiction issue. He's voted against a lot of other things on originalist ideas. Nothing here really makes Scalia look like a bad guy to me.

Heck, the most potentially objectionable thing he says--basically that murder isn't a federal crime, is absolutely true. It's a state crime. It's still illegal, but it's not a federal crime. The only time you'll ever see a federal murder trial is if someone like Scalia or the President were assassinated.

Again, the worst thing about him is that he's an originalist. The way most of the Supreme Court justices in the past have handled the Constitution is as a document to *interpret*, not to read literally. If previous justices hadn't interpreted what the Constitution as far as what they believed it would mean in their particular time period, then I'm pretty certain we would have had a new Constitutional Convention sometime in the last 200 years.

In my opinion, the scary justice is Clarence Thomas. From things I've read, he sleeps through oral arguments half the time and the last time he asked a question of the lawyers arguing a case was in 2006. Conservative, liberal/progressive, I don't care what any particular justice is (well, okay, I do, but not for this particular point...), but the fact that one of our justices barely seems to pay attention or care is a bit disconcerting.

mrford Game profile

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21,417

May 30th 2012, 19:48:02

Here goes some more WarTime copy and paste bullfluff. What, did you do your monthly google on current events?
Swagger of a Chupacabra

[21:37:01] <&KILLERfluffY> when I was doing FA stuff for sof the person who gave me the longest angry rant was Mr Ford

WarTime

Member
628

May 30th 2012, 20:29:10

Originally posted by mrford:
Here goes some more WarTime copy and paste bullfluff. What, did you do your monthly google on current events?
I don't use google for anything. Only asshats like you use google.

mrford Game profile

Member
21,417

May 30th 2012, 20:37:27

Asshats like people who post a link to an article, then c/p the entire article, and then do not inject and original interpretation or opinion into the thread?
Swagger of a Chupacabra

[21:37:01] <&KILLERfluffY> when I was doing FA stuff for sof the person who gave me the longest angry rant was Mr Ford