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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Sunday, August 10, 2008

White v. Scalia

Justice Scalia concedes that the language of the Amendment bears such a construction. His reasons for claiming that it should not be so construed are weak. First, he asserts that if proportionality was an aspect of the restraint, it could have been said more clearly — as plain-talking Americans would have expressed themselves (as for instance, I suppose, in the Fifth Amendment's Due Process Clause or the Fourth Amendment's prohibition against unreasonable searches and seizures).

-- Justice White sarcastically responds to Scalia's constitutional arguments (more fun here)