Associate Justice Antonin Scalia - Part 1

[writersblock26]

Thank you for posting this, 29bairdr.

[smartspick]

Pure Genius

[wise4me]

i read all of his tomes.he is exceptional.

[amrite]

Justice Scalia is one of the great men who have ever lived.

[UdallIn72]

Well, I'm not sure I'd take it that far.

He's certainly brilliant, though, I'll give him that. He's also a good deal less "ideological" than some commentators would have us believe.

...On the other hand, he was in the majority in Bush v. Gore... I have difficulty forgiving that.

[321lawc]

@amrite He's up there with Milton Friedman.

[Kinbote123]

And thus law is the unacknowledged poetry of the world!

[imanerd36]

The only thing I and him agree on is gun control and that is ALL!

[tonygmilan7]

lui e italiano di sicilia

[montanez707]

When he dissents, he comes out swinging for the Knock out! Listen or read his dissents: his prose are like an elite pitchers command on the mound extraordinary. If you like his views study him. If you oppose him study him diligently study him!

[roseband1]

Scalia is my Favorite justice.

His commitment to

Madison,Jefferson,Hamilton and the rest of the gang is why he is truly a justice who is fulfilling his constitutional duty.Justices don't make laws,they interpret existing law,

correct gross abuses and,malfeasance.on that note its

time to roll a big fat one....(sarcasm there)

[29bairdr]

Thank you for the comments.

[pspguy28]

Ummmm . . . you need to read Hamilton's Federalist No. 76 . . . He would have certainly been NO fan of Justice Scalia's jurisprudence

[29bairdr]

Thank you for the email. It is great to know that you sited source material in your view. That is what America is all about.

[pspguy28]

You're very welcome . . . If Hamilton were alive today, he'd totally take Justice Scalia to task

[justiceholmes]

you are very right that hamilton would have disagreed with scalia as would marshall and story. however they were following blackstone and his "natural law". we on the other hand have seen holmes and it is clearly stupid to continue to insist on the common law ideas.

p.s. see l. hand b. cardozo

[redhawk8]

hamilton was the big, federal government guy of the time. i think jefferson and madison were the small government guys... kind of opposite what it is today because i know jefferson and madison are considered more to be 'liberals' and hamilton more of a 'conservative' but its just too different to compare them to a modern ideology.

[tim84k10]

Judges make law every day. Read Marbury v. Madison.

The idea of judicial review is judge made law.  You will not find it in any statute or the Constitution.

[Albyiscool]

You obviously missed the point of that case. Courts can only decide what laws are Constitutional

[thafix82]

you idiot judges interpret law they dont make it

[etsneroj]

An old, but tiresome observation. As Marshall correctly pointed out, judicial review follows necessarily from the Constitution's mandate for Art. III courts to decide cases and controversies under federal law (including the constitution).

[socalcraigster]

@tim84k10

While judicial review is not expressly stated anywhere, Marshall easily dealt with that issue in Marbury. By taking an oath to uphold the Constitution, judges are obligated to interpret laws in order to determine whether the are constiutional.

[redresch]

@roseband1 Don't get me wrong, I get what you are saying, but... It's kind of awkward lumping Jefferson and Hamilton together seeing as how completely different they viewed the Constitution, especially considering that Scalia is now tasked with interpreting that document. I mean, I understand the point, but the sentence just sounds a bit strange given the historical context.

[monk54321]

Cool video. Where is part 2?

[29bairdr]

Thank you for the comment, and part 2 is still in the bin. Way too many projects to edit and never enough time to get them all done.

[criticalmass1234]

ohh, in my App Add Term paper for law school, im arguing AGAINST retrospective application ..shit...;

[29bairdr]

cool beans on the arguing against this issue -that is one of the great things about America is that we enjoy free speech.

[burrellhill]

Scalia has a hyper-intelligence on all Constitutional matters. 29bairdr, you should read Scalia Dissents by Kevin A. Ring. It shows his great sense of humor as well as his keen, originalist mind at work.

[29bairdr]

Thank you for the comments. Yes I agree with you and I will look for the book. Thank you again.

[bartleby79]

Brilliant. A rigorous analysis of the law will be anathema to the left, but this clip shows just why retroactive application of judicial interpretations are warranted.

[29bairdr]

Thank you for your comments. Great to know that poeple are watching these important issues.