Scalia's son serving in Iraq creates appearance of bias?

[Berzerker]

Using someone as an authority who you never have used as one before on similar issues (Constitutional jurisprudence).

Someone I'd never cite unless you admired them And I didn't cite his constitutional jurisprudence, I cited his knowledge of history wrt POWs.

He is a very good lawyer and jurist. So is Justice Ginsberg; so was Justice O'Conner. Why shouldn't I respect him for his intellect? Though if you believe I've signed onto his originallist argument as a result, then you haven't been paying attention.

Do you sign onto his historical fact wrt POWs?

And where did he say homosexuality should be illegal because it has been illegal? Is that the argument of a very good lawyer and jurist?

[Imran Siddiqui]

And where did he say homosexuality should be illegal because it has been illegal? Is that the argument of a very good lawyer and jurist?

It's a stare decisis type of argument, somewhat (saying homosexual sodomy was banned when the 14th was passed, so they didn't mean to legalize that). Not a very bad argument considering where he wanted to go, but where he wanted to go wasn't well supported by the Constitution.

And I didn't cite his constitutional jurisprudence, I cited his knowledge of history wrt POWs.

Bull****... your entire argument that since that has been the way it has always been, that means they aren't afforded Constitutional protection, even though there is nothing in the Constitution which says protections are only for citizens (the tourist example I used in the earlier argument).

It is basically using Scalia's argument on homosexuality. This is why it always has been, so you can't claim it is against the Constitution.

[Spiffor]

Originally posted by DanS
Isn't Freiberg a town in Germany? I think I've been to it.

That's "Freiburg".