FAN.7 (First Amendment News) — Justice Scalia & the First Amendment


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2 Responses

  1. Brett Bellmore says:

    1. In as much as the executive is charged with seeing the law faithfully executed, essentially all his domestic acts are supposed to be pursuant to a law, and if Congress can’t make a law, he can hardly execute it. (Ok, the present administration compels me to qualify that; He can hardly legally execute a law Congress hasn’t made.) Likewise, the job of the judiciary is to enforce the law, no law, no power. Though I’ve noticed judges themselves seem difficult to persuade of this, with their gag orders and so on.

  2. Ronald K.L. Collins says:

    Hi Brett. Points well made and I agree with them. Re your basic point, I discussed that in the article of mine to which I referred in the post. That said, once one begins to think the way you urge, it changes the constitutional calculus (I think for the better) and gets us to think about whether government action is AUTHORIZED before we think of whether it is PROHIBITED. Thanks for your comments.