Capitol Hill Blue Forums Political Issues Guns Court Rules in Favor of Second Amendment Gun Right

By the way, I have now read enough of Justice Scalia's opinion in Heller to conclude that his use of historical references and legislative history is, as I had anticipated, skewed to get the result he wanted rather than a legitimate exercise of Judicial constraint. Indeed, he deliberately conflates post hoc rationalizations (of the latter 19th Century) specifically to obscure the fact that he is arguing from his conclusion - something that other Justices called him out on. These were not in the thought processes or contemporary arguments of the founders themselves, but they are convenient to his narrative, albeit inconsistent with appropriate legislative interpretation. Indeed, he would excoriate any other Justice that had the temerity to approach the Constitution with a "living document" rationalization that he so abhors, but is quite willing to employ for his own convenience.

Justice Scalia is, unarguably, an activist judge bent on imposing his personal predilections on the Constitution, rather than, as he so often declaims, respecting the text itself. Charlatan is too kind a word for him.