Friday, October 05, 2012

The "texualist" Justice Scalia and his convenient blinders

www.news12.com/full_ap_frameB.jsp?news_type=ap_national_worldnews&cat=national_worldnews&articleId=DA1N8R280&position=300&regionId=1&region_name=LI

This article says that "Scalia calls himself a "textualist" and, as he related to a few hundred people who came to buy his new book and hear him speak in Washington the other day, that means he applies the words in the Constitution as they were understood by the people who wrote and adopted them."

Now, if there was a chance that Scalia would respond to my interpretation of the Federalist Papers, I would write something more scholarly and comprehensive; but he won't, so I'll just attack one recent judgement of the SCOTUS, i.e. the Citizens United ruling calling corporations people.

Justice Scalia himself has said that he holds the Federalist Papers in very high regard, I therefore, refer the reader to No. 57 of the Federalist Papers (No. 57 was written by Madison)--I quote:

"Who are to be the electors of the federal representatives? Not the rich, more than the poor; not the learned, more than the ignorant; not the haughty heirs of distinguished names, more than the humble sons of obscure and unpropitious fortune. The electors are to be the great body of the people of the United States. They are to be the same who exercise the right in every State of electing the corresponding branch of the legislature of the State."

Now, I ask the very opinionated Justice this question, does he not think that corporations--via their coffers--disenfranchise Madison's electors by their inordinate influence and make a mockery of his words? Furthermore, for the sake of our country's future, I strongly suggest that he read the Federalist Papers during each and every god-damned decision that he writes.