SURELY THIS QUESTION can get through six connections between a reader of this blog and Justice Scalia. Ask him to explain, please, in some public venue just how it is proper for the government to decide what is reasonable in exceptions made to a charter limiting that government’s power.
Ask him would Liberty be included among the enumerate rights of the Constitution, given that the framers held the right to liberty to be self-evident, yet nevertheless had the foresight to protect unenumerated rights from infringement by the state.
Ask him how an enumerated right can have exceptions. When an absolute proscription is lain — not only on the state, but on private actors as well — how any limit on it can be seen as being constitutional.
Ask him how it is anything other than anathema … this term, this obscenity called a compelling state interest in infringing on the rights and liberties of sovereign citizens of that state.
Ask him how it is reasonable for a state court to announce that a citizen can be held to have no standing to bring suit against said state for violations of said state’s charter — on any grounds, let alone on the grounds that said citizen has taken no harm from the violation. Ask him how that squares with that whole “Congress shall make no law…” thing — especially as regards petitioning the government for redress of grievances.
Ask him and then get back to me with the answers.
Cross-posted at Eternity Road.