Now, the other branches of our government may love his thoughts on the subject, but they are the antithesis of what the the Supreme Court is there for. As we all know, the Judiciary branch of government is there to balance against the Executive and Legislative branches of government. Apparently to Scalia that is not the purpose of his branch of government.
Scalia, in a defense of his dissent of the DOMA decision, he said that the Supreme Court had “invented” a new minority, by striking down DOMA. Which is patently false, because the minority had been established by the states and by congress, when they respectively allowed gay marriage and banned the federal government from recognizing that marriage.
Personally, the DOMA decision was correct, purely based off the constitution, and not on any civil rights agenda. The constitution states that it is the states, and not the federal government, that determine marriage laws. It is therefore illegal for the federal government to not acknowledge a legal state sanctioned marriage, no matter who is in that union. It is that simple.
Now onto the other issue. Scalia then said that the NSA’s actions, in regard to surveillance, should not be reviewed by the Supreme Court, because only the administration and congress know the real threats against this nation.
What a load of crap that is. By saying that, Scalia is saying that the constitution and the rights of Americans do not matter, because national security issues trump the constitution. Yes, I may be stretching what he is saying, but I do not think so. And I believe that the rights reserved for the citizenry trump everything that the federal government may use to infringe on those rights.
Maybe Scalia forgot that the constitution starts with ” We the People…”
Read about this here.