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Tuesday, July 01, 2008

Another Scalia Line on Not Ignoring the Constitutional Text and Traditional Meaning in Favor of the "Values Behind" a Provision:

From Volokh:

It is not the role of courts to extrapolate from the words of the Sixth Amendment to the values behind it, and then to enforce its guarantees only to the extent they serve (in the courts’ views) those underlying values. The Sixth Amendment seeks fairness indeed -- but seeks it through very specific means (one of which is confrontation) that were the trial rights of Englishmen.


It is increasingly apparent that the courts do not see themselves bound by the law and the Constitution. Justice Scalia reminds them of their limits.

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