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Message: Entry: Judicial Tyranny Lives Link: http://www.takimag.com/sniperstower/article/judicial_tyranny_lives#26506 Post contents: I'm not arguing at all with your conclusion, just noting that it doesn't follow from your premises. A Scalian argument would examine the constitutional text itself, in its historical context, not appeal to the intent of those who wrote it. Also, I'm aware of Scalia's eloquent arguments for parliamentary as opposed to judicial decision-making and of the importance to him of tradition. Nevertheless, textualism and originalism are two very different theories of interpretation. Sent at: 2008 12 02