POOR UNDERSTANDING OF LAW AND SCALIAS COMMENTS The economist demonstrates its ow

http://www.economist.com/blogs/democracyinamerica/2012/07/gun-rightsFRUSTRATINGLY POOR UNDERSTANDING OF LAW AND SCALIAS COMMENTS

The economist demonstrates its own ignorance.

The purpose of textualism is to force the government to legislate changes explicitly and to prevent the court from becoming a tool of law-creation that circumvents the democratic process. THAT is the point he is making. We have a process for making laws. And a process for altering the constitution. The court should not be in the process of making laws. And the government should not be in the process of incrementally altering the constitution by non-amendment means. THAT’S THE PURPOSE OF TEXTUALISM.

Scalia’s only mistake was overestimating the intellectual capacity of the audience.