Civil Discourse Now

Where the far left and far right overlap for fun and enlightenment

Mark Small's Blog – February 2016 Archive (4)

College pal Reducio A. Absurdum on Trump, and wall to keep people IN America.

  On the way between the Memorial Student Union where “And Now for Something Completely Different” and wherever it was Freshman year at DePauw that I read “Mother Courage,” I encountered Reducio A. Absurdum. Maybe the setting was a kegger, a social function at DePauw in the 1970’s at which students practiced a Darwinian approach to intellectual improvement through consumption of large quantities of alcohol to kill brain cells that deserved to die, leaving, as survivors, the cells hardy and…

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Added by Mark Small on February 26, 2016 at 7:00am — No Comments

Paul Ogden inaccurately views others' jurisprudence

    Once again my friend Paul Ogden has written an inaccurate assessment of the jurisprudence of those with whom he disagrees.  Mr. Ogden prefers the originalism—a term, apparently, he does not like—of the late Justice Antonin Scalia.  Any theory by which one construes our Nation’s Constitution, its interplay with statutes, the constitutions of the 46 States and four Commonwealths (Virginia, Pennsylvania, Kentucky, and Massachusetts), their statutes, as well as the various treaties into…

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Added by Mark Small on February 17, 2016 at 7:52am — 1 Comment

Folly not to perform an autopsy on the body of Justice Scalia

    The decision of Texas public officials not to perform an autopsy on the body of the late Justice Antonin Scalia is imprudent.

    First, one should realize autopsies are unpleasant for the novice observer, and unpleasant for survivors of the deceased.  I have not witnessed an autopsy in person, but have read quite a few autopsy reports, primarily during work on appeals of homicide convictions. A “Y” is cut into the thorax of the body, the organs examined, and photographs taken.  The…

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Added by Mark Small on February 15, 2016 at 7:16am — No Comments

Justice Scalia's death, originalism's invalidity, mortality tables, and the poossibility of a second vacancy.

    With the death of Justice Antonin Scalia, many more people seem aware of what Professor Sheila Suess Kennedy had pointed out on February 3, 2016, on her blog, the Supreme Court is the most important issue for voters in the 2016 election.

    The impact of Justice Scalia’s death on the presidential campaign already has been felt and is, and will continue to be, significant.  Senator Mitch McConnell vowed that a nominee of President Obama will not be approved; that the confirmation…

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Added by Mark Small on February 14, 2016 at 7:44am — No Comments

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