Tuesday, July 1, 2008

Arguments with Dave

I don't think it was background on Scalia. He is saying that his fierce commitment to textualism was the cause of his decision on the Gore case. He said that the recount was "unconstitutional" and hence should not continue (even though such a recount was clearly in the public interest). What I want to know is, why did he think it was unconstitutional? What silly obscure reason in the letter of the law did he find?
He writes that the original founders of the the constitution were in favour of the right to bear arms, even though the second amendment does not make it literally clear that this state of affairs should persist after the temporary emergency of the revolution. But surely they would also have been in favour of a thorough recount in a disputed presidential election? Scalia is clearly a selective textualist, and a partisan hack, and you Dave will only disagree with me because you share his prejudices.
But this isn't even my main point. He can't say that it was Al Gore's fault for the judicial outcome. Gore was perfectly entitled, morally and legally, to demand a recount. If you want someone to blame for the inauguration of the most disastrous presidency in history, look no further than this gun-toting, religiously anti-abortion, illiberal, Republican voting Reagan appointee who cast the deciding vote in this case for the most sectarian of reasons.

16 comments:

Adriana said...

HERE HERE... Master!

It's so sexy when you're right.

Sam said...

So what's your LEGAL opinion on the 2000 election Adriana? Did you follow the case at the time?

David Barry said...

Adriana, that should be 'hear hear'. You're encouraging us to listen to what Sam is saying.

Andrew said...

That's not something Sam gets a lot of, too ..... so it's best to do it right

Sam said...

Fitz, first your comment shocked me, then it saddened me, and then it angered me. I thought about how to retaliate, I came up with several possibilities, all of which suffered from the same Achilles heel.
Fitz, I was gonna launch a DOS attack on your blog... but I got high.
I was gonna break in and steal your dog... but I got high.
Now I'm still doing maths here at uni, and you know why... because I got high, yeah I got high, you know I got high.

Andrew said...

I'm sorry, Sam .... did you say something?

Sam said...

No Fitz, I WROTE something you jerk off

Andrew said...

My mistake.

Hear the voices in my head I swear to god it sounds like they're Sam Kault.
I'm gonna make up a word: "schmalt".
Cause rhyming non-lame stuff with "Sam Kault" turned out too tricksy.
Ah, I'm not sick but I'm not well......

David Barry said...

Speaking of rhyming, one person greeted me today with, "Hey, your name rhymes with microwave."

Andrew said...

Why has no-one noticed that before, Dave?

David Barry said...

My suspicion is that it's because people rarely have the need to find words that rhyme with 'microwave'. Yesterday, some PAIN-ite JPhO leaders were writing a physics song, and presumably went through the alphabet looking for something to rhyme with 'microwave'.

I didn't make the song, in case anyone's wondering. They went with 'close shave'.

Andrew said...

And, to think, they could have gone with micro-Dave.

Oh, the waste.

Andrew said...

Oh, hey, Sam I almost forgot .... here's that penis enlargement site you were asking me about.

Sam said...

Is this Fitz or just spam?

Andrew said...

Can't it be both?

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