Bill noted earlier this morning the renaming of George Mason’s law school as the Antonin Scalia Law School. As he and Justice Kagan note, Justice Scalia was a giant of the law and a leader in producing an important change in direction for our judicial system.
The fundamental principle, too often forgotten, is that the rightful power belongs to the people “to institute [their] Government, laying its Foundation on Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.”
The Declaration is not just a decorative backdrop for debates. It is the guiding light of our government.<br …
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http://democracynow.org – As President Obama nominates centrist Judge Merrick Garland to replace late Justice Antonin Scalia on the Supreme Court, we take a look at what’s been described as one of the worst Supreme Court rulings in history. In the 1927 case Buck v. Bell, the court upheld a statute that enabled the state of Virginia to sterilize so-called mental defectives or imbeciles. The person in question was Carrie Buck, a poor, young woman then confined in the Virginia State Colony for Epileptics and the Feebleminded, though she was neither epileptic nor mentally disabled. In the landmark decision, eight judges ruled that the state of Virginia had the right to sterilize her. Justice Oliver Wendell Holmes Jr. wrote the majority opinion concluding, “Three generations of imbeciles are enough.” The decision resulted in 60,000 to 70,000 sterilizations of Americans considered “unfit” to reproduce. At the Nuremberg trials, lawyers for Nazi scientists cited the opinion in defense of their actions. We speak to Adam Cohen, author of “Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck.”
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The post Justice Scalia, Original Understanding, and Democracy appeared first on Become A Crime Scene Investigator.
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