~>  EC> You should read the Constitution some time.  It does not criminalize
~>  EC> ANY action taken by a private citizen.  It establishes a system of
~>  EC> government, and it establishes limits on what that government can do. 
~>  EC> By your comical excuse-for-reasoning, that should mean that it makes
~>  EC> EVERYTHING legal as long as it is not done by a government employee. 
 
~> That's Scalia's reasoning.

No, he said exactly the opposite.  He said that torture is illegal, and he
criticized those who try to stretch the Constitution to cover "everything
that is hateful and odious."  If you don't understand that, you don't
understand his basic concept of the law.  Legislatures pass laws into
public policy, as long as they do not cross the limits set up in the
constitution.  Credit card fraud is illegal in spite of the fact that it is
not in the Constitution, and flag burning as a form of political protest is
legal because laws against it would violate free speech.  At this point you
are bending so far backwards to avoid the obvious facts that you are
getting rug burns on your head.

 
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