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Antonin Scalia

11 March 1936-13 February 2016

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The 2nd Amendment is a right whereby any limitations imposed thereon depends on what the society understood was reasonable limitation at the time of the drafting of the constitution, for example, the right is to keep and 'bear' arms which wouldn't apply to cannons as one cannot 'bear', or hand-hold a cannon.

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The 2nd Amendment is placed in the constitution because of the threat that the new federal government would destroy the citizens' militia by taking away their arms.

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Abortion is not a Constitutional concern. Whether you think it's good or bad, the constitution does not say anything about it, which leaves it up to democratic choice.

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Capital punishment is entirely constitutional from an originalist point of view because at the time that they adopted a cruel and unusual punishment clause, every state had the death penalty, suggesting that it would be unreasonable to apply this very clause to justify abolishing the death penalty.

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Citizens united is not novel. It reversed an opinion eight years earlier that had changed the law from what the law had been in buckley vs. Veleo that was assumed to be the law.

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The Constitution of the US is static and should only be changed through the constitutional amendment process. In short, 'the only good constitution is a dead constitution.

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Homosexual sex is not constitutionally protected so banning it is entirely lawfully in that a texas ban on sodomy seeks merely to further the belief of its citizens that certain forms of sexual behavior (including adultery, bestiality, obscenity, prostitution and child pornography) are immoral and unacceptable.

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Homosexuality is a behavior rather than a constitutionally protected class... therefore a ban making sodomy illegal is entirely lawful on the grounds that homosexuals are by no means denied their fundamental right of sexual intimacy... on the contrary, they are as free as the next person to pursue sexual intimacy . . . .Just as long as they do so with a person of the opposite sex.

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Homosexuality is not a constitutionally protected group and thus discrimination in hiring based on sexual orientation is just as lawful as refusing to offer a job to an applicant because they are a republican, adulterer, a snail eater, a womanizer, or a cub hater.

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Homosexuality is not constitutionally protected against discrimination on the grounds that homosexuality is not human being or a class of human beings (which would be protected) but rather a conduct which people are within their rights to consider morally reprehensible and morally disapprove of.

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Homosexuality is not constitutionally protected on the grounds that many Americans see them selves as protecting themselves and their families from what they believe to be an immoral and destructive lifestyle by rejecting homosexuals as partners in their business, as school masters, as teachers or as borders in their home.

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A Living constitution is wrongheaded on the grounds that if the constitution is believed to morph from age to age to say whatever the people would want it to say, then the whole purpose of a constitution is eliminated.

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Money in politics is of no concern on the grounds that democracy is premised on the notion that people are intelligent and can discern the true from the false, so the premise of money in politics is freedom of speech, and the more speech the better.

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Originalism is opposed to the idea of a living constitution on the grounds that, if the constitution is believed to morph from age to age to say whatever the people would want it to say, then you eliminate the whole purpose of a constitution.

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Originalism is sort of subspecies of textualism. It says that when you consult the text, you give it the meaning it had when it was adopted, not some later modern meaning.

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Originalism is the belief that the constitution should be interpreted solely through the lens of what was written when it was written, meaning that because abortion and gay marriage rights were not present at the time of the writing of the constitution, arguments to protect them cannot be used to expand the meaning of the constitution to address modern realities.