Only Scalia knows what the founders really meant; only he can interpret the words accurately, even though he apparently has trouble interpreting his own. In any case, he said that as a textualist his job was easy. "The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state." (In what was to become a pattern, he skipped the issue of heterosexual sodomy, which is also illegal in many of those same states). For a brilliant scholar it is impressive to cram into one sentence so much inanity. Notice that he dismisses any discussion in repealing the death sentence by stating that nothing in the Constitution prevents it. By that logic anything not specifically prohibited is allowed. Well that is exactly true of sodomy as well -- nowhere in the Constitution is sodomy prohibited. By his own logic, just provided to justify his position on the death penalty, requires that he must too support sodomy. But instead of being consistent, he shifts his argument to the states, citing precedent. And that is rich, because no other Justice in modern history has had such disdain for "stare decisis." Scalia cites precedent when it suits his purpose, and rudely dismissed previous rulings when they become inconvenient.
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