The Wisdom of Justice Scalia
“God assumed from the beginning that the wise of the world would view Christians as fools…and he has not been disappointed. Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world.” (So Good)
“The Constitution is not a living organism.” (Amen!)
“Context always matters. Let us not forget, however, why context matters: It is a tool for understanding the terms of the law, not an excuse for rewriting them.” (Why ‘Context’ is included in my twitter handle)
Some of us heard these words from Justice Scalia and took them to heart-
This was the Justice appointed by Anti-Establishment/Reagan who beat out Establishment/Bush in 1980.
John Roberts (Republican appointed by the Establishment Republicans/Bush) upheld Obamacare against the adamant words of Scalia.
Chief Justice Roberts and the majority opinion on Obamacare –
“Individual mandate component of the Act could not be upheld under the Commerce Clause, the mandate could be construed as a tax and was therefore ruled to be valid under Congress’s authority to “lay and collect taxes.”
Most conservatives (including me) will call that horrendous Constitutional reasoning. However, most Republicans do not consider that Obamacare taxation (if it is a tax) started in the Senate. True Constitutional candidates understand a bigger legal problem.
Was the ruling even Constitutional on the grounds of where the legislation originated from if it was a tax (The Senate)? Study where revenue bills are Constitutionally designed to originate. Ask if we have a “Living” interpretation of where taxation bills originate from.
Bottom line: The ruling and Constitutional framework is bad on so many levels…and Scalia knew it.
Establishment views on justice selection matter! This is a critical appointment. We cannot risk paid for politicians ignorant of the Constitution affirming/making the appointment. We have Constitutional defenders who think authorizing Fast Track for the President is Constitutional. I pray we have some Constitutional wisdom fall upon our Senators and the next President.
In the meantime, thank you Justice Scalia for your service and wisdom to our country. Rest in Peace. Thanks for giving us a remarkable American story.