Bobby:
You're assuming that Justice Scalia is being consistent. Prof. Tribe wrote
a wonderful comment in the Harvard Law Review about the Saenz case that
convinced me (if I needed more convincing) that almost none of the justices
(conservative or liberal) are methodologically consistent. I highly
recommend it.
Best,
Scott
Why would a self-described textualist, like Scalia, examine the
constitutionality of a law while admitting that no text is involved
authorizing or prohibiting the law (Printz)? Is it because if a textualist
insists that that when the Constitution is silent, Congress may act, one is
then turning the federal government into a government with unenumerated and
perhaps unlimited powers?
Bobby Lipkin
Widener University School of Law
Delaware
**********
Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty/gerber/
