If the framers didn't think flogging was cruel or unusual, he continued, then it couldn't, therefore, violate the constitution they wrote.
Before an audience, the sharp bite of Mr. Scalia's imposing demeanor was leavened with a self-deprecating wit. Because of the inviolability of the Constitution's original meaning, he joked, "I am handcuffed! I am not allowed to do the nasty conservative things I want to do to the country."This answer, like many others, elicited a round of delighted laughter and applause from the law students, who seemed to be cheering Mr. Scalia's clever and occasionally confrontational replies more than they were applauding the substance of his positions. When Mr. Napolitano asked him a question about privacy from government intrusion into the bedroom, he began, "Bedroom is polite language for intercourse—is that right?"After an hour of interrogation from Mr. Napolitano, Mr. Scalia fielded questions from the audience. The questions didn't seem prescreened, but a few were notably pointed."There have been many calls for Justice Ginsburg to retire," one student asked. "Would you take some of the pressure off her and retire instead?"Amid a roar of laughter, Mr. Scalia gave a teasing response. "I said I would take questions—I didn't say I would answer them."When another student asked, referring to Mr. Scalia's originalism, "Why should society be bound by laws that were passed only by white male property owners," he hesitated for a few seconds, longer than he had all evening. "That's a reasonable position," he smiled. "You people wanna make a revolt? Do it!"
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Wednesday, April 09, 2014
"I am handcuffed! I am not allowed to do the nasty conservative things I want to do to the country."
That was Justice Scalia during this recent talk at Brooklyn Law School. More from the WSJ:
Just.Stop.Please.
ReplyDeleteMaria Elena Perez!
ReplyDeletePLEASE!
http://abcnews.go.com/US/north-carolina-kidnapping-victim-targeted-daughters-work-prosecutor/story?id=23271477
ReplyDeletehttp://abcnews.go.com/US/wireStory/fbi-team-rescued-nc-kidnap-victim-atlanta-23268662 wth
ReplyDeleteMy law school!!
ReplyDeleteIs Justice Scalia advocating the overthrow of Government? (18 U.S. Code § 2385)
ReplyDelete"When another student asked, referring to Mr. Scalia's originalism, "Why should society be bound by laws that were passed only by white male property owners," he hesitated for a few seconds, longer than he had all evening. "That's a reasonable position," he smiled. "You people wanna make a revolt? Do it!""
18 U.S. Code § 2385 - Advocating overthrow of Government
http://www.law.cornell.edu/uscode/text/18/2385
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms "organizes" and "organize", with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.