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Scalia, the Bill of Rights, and the Notion of Freedom

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Meet the hosts

Contributing editor/Columnist for VICE.comAntiwar.comRare.us, Playboy.com and Editor in Chief of The Stag Blog.
Sheldon Richman, author of America's Counter-Revolution: The Constitution Revisited, keeps the blog Free Association and is affiliated with the Center for a Stateless Society both as chair of the trustees and as a senior fellow. You can support his blog at Patreon.

discussions

  • Should Supreme Court Justices be appointed by the president, or by the States on a rotating basis?

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  • After the death of Antonin Scalia here has been a lot of talk about appointments to the supreme court and whether it ought to be put off.  These miss the point because regardless of who ends up taking his place, SCOTUS has a built in conflict of interest.  It is an agency of the United States government and yet is supposed to act on the constitutionality of laws of the US.  I call for a constitutional amendment that would make supreme court justices nominated, appointed, and paid by the state governments in rotation (the mechanics to be worked out).  Thus the various states, who contracted with each other to found the US, would have final say over whether the US was overstepping its bounds.

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  • I was pleasantly surprised this morning to wake up to news that Supreme Court Justice Sonia Sotomayor, currently the only SCOTUS justice who has ever presided over a jury trial, spoke favorably yesterday about jury nullification and about jurors being informed of this option. Details here: SCOTUS Justice Sotomayor Favors Jury Nullification

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