WestVirginiaRebel Posted February 13, 2017 Share Posted February 13, 2017 Daily Caller: Though law rarely makes for literature, the late Justice Antonin Scalia — dead one year ago today — made the peppery dissent a drama of its own right. Scalia’s unexpected death deprived the bench of its finest stylist since Justice Robert Jackson (whose seat, appropriately, Scalia held). On this anniversary of his passing, here are selected excerpts of the late justice’s writings. Morrison v. Olson, dissenting, concerning separation of powers: That is what this suit is about. Power. The allocation of power among Congress, the President, and the courts in such fashion as to preserve the equilibrium the Constitution sought to establish – so that “a gradual concentration of the several powers in the same department,” can effectively be resisted. Frequently an issue of this sort will come before the Court clad, so to speak, in sheep’s clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf. ________ The legacy of a legal mind. Link to comment Share on other sites More sharing options...
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