re: #156 acacia

If your read the Scalia opinion he reviews what constitutes a right protected the 14th Amendment Due Process Clause by noting that it has to be a right “deeply rooted in this Nation’s history and tradition.” Sodomy is not one of those rights.

Ah, so constructionism is less about the actual Constitution and more about one man’s interpretation of “tradition and history.” Curmudgeon just got done explaining how constructionism means a liberal take on rights and a conservative take on powers, now you come along with the polar opposite argument. Also, here’s Scalia on the 14th ammendment:

Speaking just this February at the Hoover Institution, Scalia argued (approx. 24:20) that the doctrine of “incorporation,” which holds that the Bill of Rights applies to state governments via the Fourteenth Amendment, is a “mistake” and is “probably false.”

He is a weaselly two-faced piece of trash in a robe, not a respectable jurist.