J.A.I.L. News Journal
Los Angeles, California                                         January 28, 2006
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An Example of The Ignorance of a U.S. Supreme Court Justice
The Constitution just sets minimums.
Most of the rights that you enjoy go way beyond
what the Constitution requires
                                          -- Justice Antonin Scalia
People, doesn't that just break your heart, even knowing how corrupt the judicial system is? How many of the other USSC justices have this misconception of the Constitution for which they have taken an oath to uphold and defend? After all the years of their judicial careers, and now sitting on the Highest Court of our Land, do they not understand the purpose of the Supreme Law of the Land?  Go ahead and call me naive, but this is indeed mind-boggling!  I know, I shouldn't be surprised-- so please don't come at me with "Well, what do you expect?" (Did I take the words out of your mouth?)  Okay-- I got it!  But this has to be exposed.
It is a shameful commentary on the lack of knowledge of, let alone respect for, the Supreme Law by our Highest Court --AND THIS MOCKERY HAS GOT TO BE MOST UNACCEPTABLE TO THE PEOPLE OF THIS LAND!  Thanks to Mr. Fowler for bringing this to our attention.
-Barbie  info@jail4judges.org 
A Judge's sworn duty of office is to follow the law, whether people care or not.  This duty is not contingent upon anything whatsoever!   People should speak out.  NOTE THE FOLLOWING LETTER ON THE SUBJECT OF JUSTICE SCALIA'S DERELICTION which I wrote March 2003.  That man is unworthy of his office - or I might say a betrayer of his office.              

March 22, 2003
What is wrong with this statement made a few days ago
by Supreme Court Justice Antonin Scalia?
The government has room to scale back individual rights during wartime without violating the Constitution, Supreme Court Justice Antonin Scalia said Tuesday.   "The Constitution just sets minimums," Scalia said after a speech at John Carroll University in suburban Cleveland. "Most of the rights that you enjoy go way beyond what the Constitution requires."
Scalia's statement, "The Constitution just sets minimums," is untrue.  I might say, so mind-bogglingly untrue as to stun a first-year law student or a retired lawyer into unconsciousness.  The scheme of the Constitution sets forth specified limitations upon Government.  If it does not say government can do it, GOVERNMENT IS FORBIDDEN UNDER THE TENTH AMENDMENT TO DO IT!   Scalia's stupid statement that the Constitution "just sets minimums" leaves the impression that freedoms and rights may be cut way back without infringing upon the Constitution!   Coming from a Supreme Court Justice, that stops my clock!
The articles which set forth the several and specific rights of the people guaranteed by the Constitution are stated as absolutes, not as minimums.  Take the First Amendment, for example:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."
Congress shall make no law abridging the freedom of speech.  That, in form, is an absolute.  The right of the people to freedom of speech is stated in the form of an absolute limitation on the law making power of Congress. 
To state it as a minimum, you would have to say something quite silly:  "The minimum freedom of speech ensured to the people by the Constitution is nothing less than a totally unabridged freedom of speech." 
Congress is prohibited from placing any restriction whatsoever on the right of the people to freedom of speech.  That does not set a minimum, as Scalia says, because it gives ALL possible free speech to the people.  As you know, well-tested judicial rulings have placed a tiny, discreet reservation upon this Constitutional provision which forbids any abridgment by law of the right of freedom of speech.  All the other specific rights guaranteed to the people under the Constitution are subject to the same analysis. 
The present ... in power are working very hard to place such restriction upon the First Amendment as to totally destroy - I mean TOTALLY DESTROY - its power to protect freedom of speech.  If you, like me, are becoming increasingly annoyed by this kind of crap we now see increasingly, you may have an impulse, as I have, to openly declare Justice Scalia to be both INCOMPETENT and a LIAR.  I am thoroughly pissed off that this ... sits on the supreme court.  If an untenured law professor said this stupid thing Scalia said, he would lose his job.  ....
Mel Fowler

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