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Reply #11

In the discussion thread: Did Justice Scalia get it right? [View all]

Response to chknltl (Original post)

Thu Jun 27, 2013, 12:32 AM

11. Justice Scalia is contridictding himself in regards to how he ruled on Citizens United.

A fundamental foundation principle of any western democracy are limited powers of the state. No matter how popular or unpopular an idea may be - that elected representatives cannot enact certain laws that contradict constitutional principle. For example the elected representative cannot ban the practice of the Jehovah Witness religion because it is unpopular - both with secular and religious people. Justice Scalia ruled that the elected representatives cannot restrict spending of individuals, independent PAC or corporations on political campaigns because that would represent a restriction on freedom of speech. So in fact Mr. Scalia did decide that when it came to the power of corporations to promote their interest - the Supreme Court is in fact more powerful than the elected representatives of the people.

The ruling on DOMA simply says that the federal government cannot penalize states for taking actions that are matters for the states to decide. The ruling on Proposition 8 simply says that the California Supreme Court has jurisdiction on matters of California Law. I suppose in some ways -both of these rulings are victories for state's rights and are in fact fairly conservative rulings. The courts did not decide that states cannot engage in discriminatory practices against gay people. They simply decided that the federal government cannot prevent the elected representatives of state governments who are subject to the judicial review of their state courts from enacting protection against discrimination against gay people.

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Arrow 21 replies Author Time Post
chknltl Jun 2013 OP
William769 Jun 2013 #1
chknltl Jun 2013 #3
William769 Jun 2013 #6
Volaris Jun 2013 #2
chknltl Jun 2013 #9
Ms. Toad Jun 2013 #18
suston96 Jun 2013 #4
chknltl Jun 2013 #12
suston96 Jun 2013 #15
chknltl Jun 2013 #17
samsingh Jun 2013 #5
chknltl Jun 2013 #14
petronius Jun 2013 #7
Katashi_itto Jun 2013 #8
Ms. Toad Jun 2013 #20
chknltl Jun 2013 #16
Revanchist Jun 2013 #10
LineReply Justice Scalia is contridictding himself in regards to how he ruled on Citizens United.
Douglas Carpenter Jun 2013 #11
pnwmom Jun 2013 #13
liberal_at_heart Jun 2013 #19
Iggo Jun 2013 #21
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