Discover and read the best of Twitter Threads about #ScaliaSpeaks

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Happy #ConstitutionDay! My father liked to point out that for all of the attention we give the Bill of Rights, the strength of those freedoms rests on the structure established by the seven articles. Our Bill of Rights is much less generous than the USSR’s was—on paper. But:
He also reminded us that the Constitution is a limited document. It doesn’t contain all that is good, nor is everything in it necessarily good. That’s why the Founders provided a process for amendment. Again, from #ScaliaSpeaks:
(He used to joke that his job would be a lot easier if instead of writing opinions, he could just stamp, “stupid but constitutional.” So someone sent him this.)
Read 5 tweets
Before you attack the idea, know what it means. From #ScaliaSpeaks: “Originalists believe that the provisions of the Constitution have a fixed meaning, which does not change: they mean today what they meant when they were adopted. . . . THIS IS NOT TO SAY, OF COURSE,...
“that there are not new applications of old constitutional rules. The Court must determine, for example, how the 1st Amendment guarantee of ‘the freedom of speech’ applies to new technologies that did not exist when the guarantee was created—to sound trucks, for example. . . 2/4
“In such new fields, the Court must follow the trajectory of the First Amendment, so to speak, to determine what it requires—and assuredly that enterprise is not entirely cut and dried, but requires the exercise of judgment. But acknowledging the need for projection of...(3/4)
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