Scalia was one of the pillars of conservative thinking in jurisprudence. The conservatives have always claimed that state rights were guaranteed protection from the federal government by the Tenth Amendment. The Tenth basically says that any power not enumerated in the constitution are to be assumed as the powers of each state. The irony is this: The Ninth Amendment says exactly the same thing; but, it leaves the power to each individual citizen. So the Ninth Amendment became the main legal argument in Row v. Wade, and few other cases like where Native Americans wanted to use natural substances in their religion. The conservatives did not like talking about "People Rights" and their wish to smoke some pot during a religious ceremony, or wish to have an abortion, or wish to have sex outside of biblical limitations. No sir, Scalia and company did not want to talk about The Nineth Amendement at all. That would mean Ninth Amendment Rights for Dem Colored Folks, and just not a desired political outcome for the constitutionalists.
Sad but true. The political pull from them is very powerfull. In the early 70s Charles Colson and Jerry Falwell convinced Nixon about the idea of the Silent Majority. After that the White Southern Democrats moved in mass to the Republican party. It didn;t take Henry Kissinger long to figure out how to control them. After Nixon was forced to resign, We had a short four years with a truly decent man from Georgia, Jimmy Carter. Then Kissinger set up Clear Channel with Rush Lamebutt, a force that got Reagan elected. We are now still in the grapple of Clear Channel & FOX. The bipolar political tug of war has not been good for the common American.
And what's wrong with state's rights? Do you think it's fine for federal agents to arrest medical marijuana patients in MMJ states?
In all actuality, Karen is right; moreover, she is talking about the South using the issue of state rights to repress women and minorities. Regarding the medical MJ, a user is protected by the Nineth Amendment, so state rights has little to do with it. A federal agent can arrest you where they have federal jurisdiction, for example at a bird sanctuary in Oregon, or at a federal office parking lot. If they arrest you on state lands, the criminal charge would go to our county court, under original jurisdiction, as it is a local issue. With such a criminal charge you would have a right to a jury trial. That means you would not be convicted, if local laws say you can have your mj. Check with a local lawyer where you live.
Former Massachusetts Gov. Deval Patrick and U.S. Sen. Elizabeth Warren have been mentioned as potential picks for the Supreme Court in light of justice Antonin Scalia’s death over the weekend. Patrick, for one, is friends with President Barack Obama and shares backgrounds at Harvard Law School and in civil rights law. “He has such a strong background in constitutional law, civil rights, civil liberties,” Phillip Johnston, the former chairman of the Massachusetts Democratic Party, told the Boston Herald. “He would be an outstanding member of the court, I believe.” In addition, The Washington Post said he would be the “best person” for the job in the sense that Patrick shares Obama’s views of the world and the Constitution. Warren, too, has her promoters. Rep. Alan Grayson, a Democratic congressman from Florida, pushed for a new Justice Warren on Monday: http://www.boston.com/news/local/massachusetts/2016/02/16/deval-patrick-elizabeth-warren-floated-possible-supreme-court-picks/Js50Kwk896Xj2b0MJChzYI/story.html Hotwater
His body is in the Supreme Court building now, just a few feet inside the front door. It's such a massive, pretentious building, much more impressive than the White House. It's a long walk from the front door to the actual court chamber, past all kinds of sculpture and paintings and marble columns. Definitely a building that puts you in a serious mood.
Merrick Garland is now the token replacement nominee. Republicans are holding firm to their promise not to consider anyone appointed by Obama, and Democrats won't push hard for this individual because he isn't a true liberal. Hillary is likely to replace Garland with a nominee that is considerably further to the left, so the GOP's delay strategy could easily blow up in their faces.
Also, with the exception of Uncle Clarence Thomas, all the other conservatives have been known to vote the right way. So far they have supported civil rights cases. It would be interesting to see how long the Repugnicants can endure this. I would like to think that even the conservative justices are pissed at the Senate for not following its constitutional mandate to consider a new justice.
