according to Virginia Attorney General Ken Cuccinelli (R), Scalia’s really just a squishy liberal:
At the annual gathering of the conservative National Review Institute, held at the Omni Shoreham Hotel in Washington, Cuccinelli appeared on a panel discussing the topic, “Does the Constitution Have a Future?” During the session, he criticized President Obama, suggesting the president had a malleable vision of the meaning of sin and of the Constitution.
“And really the way to fight back, given the governmental structure we have, the primary way is to get good judges who don’t accept what is wrong as right after a while,” Cuccinelli said, according to a video clip of the discussion. “Justice Scalia is in this category: ‘Well, we’ve been doing it wrong for a while, so now it’s part of the Constitution.’ I don’t buy that. I don’t buy that. And that needs to be reflected in the judges selected by the president, not this president, but the president generally, and approved by the Senate. They need to take that a lot more seriously than they do.”
To explain this a bit, in the late 19th and early 20th centuries, conservative justices created new, artificial limits on the federal government’s power — such as saying that the Constitution did not permit Congress to regulate manufacturing, mining or agriculture. They then wielded these extra-constitutional limits to strike down basic workplace protections such as child labor laws or laws protecting the right to organize. The Supreme Court abandoned this misreading of the Constitution in the 1930s, and Justice Clarence Thomas is the only member of the current Court who embraces this misreading. Justice Scalia repeatedly refused to join opinions by Thomas pining for the days when manufacturing was considered immune to federal regulation and national child labor laws were considered unconstitutional.
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