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Old 08-30-2019, 10:33 AM
Max S. is offline
Join Date: Aug 2017
Location: Florida, USA
Posts: 1,832
Originally Posted by Northern Piper View Post
Why does Madison get to be the deciding voice?
It was actually Justice Stevens whose dissent placed emphasis on Madison's rejected draft. Justice Scalia rejected Stevens's interpretation of Madison's opinion. If Madison were to tell Scalia that Stevens was right, that removes one point from Scalia's opinion.

Nevertheless you're right. However many people does it take to satisfy an originalist? Who knows, possibly a majority, possibly an influential minority. About half of Justice Scalia's opinion in Hellen is spent supporting his interpretation with contemporary sources. If most of the people behind those sources, or possibly the influential people behind those sources, were to rise from the grave and tell Scalia that he got them all wrong, then he might have ruled differently in that case.

There's a lot of speculation built into this post, but there's a lot of speculation built into the original question.


Last edited by Max S.; 08-30-2019 at 10:34 AM. Reason: removed extra word