-> On 14 Jun 09  02:35:32, Bob Ackley got back to Dan Ceppa 
-> Re: Lost messages

 DC>> Yes, laws, laws that can be changed.  It's a defense of the Unitary
 DC>> President Powers that the neocons were pushing.

 BA> Perhaps.  I doubt that Scalia would swallow that line, though.  The
 BA> fact that the Constitution does not specifically prohibit something
 BA> does not automatically mean that one has a Constitutional right to do
 BA> it.  The Constitution says nothing about murder, for instance.
 
Which is what I've been getting at.  If they can't find a reason in 
the Constituion that prohibits murder, why bother with the Constitution 
at all?  

 DD>> Therefore, because there is no Constitutional prohibition against an
 DD>> action it is not automatically legal - as you seemed to be proposing
 DD>> in attributing that position to Justice Scalia.
 
 DC> Care to bet he takes it that route should a case go so far as the SC?  

 BA> Yeah, I think I would.

It may be a while before such a case is held, but you are on.  It'll 
be a close decision, with Scalia holding the postition I opined.  

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