Justice Scalia is the foremost proponent of interpreting the Constitution by the intent of the framers. Otherwise, all interpretations are just judicially manufactured claptrap. And "claptrap" is pretty much what Scalia called the majority's opinion in the Supreme Court's case about recess appointments.
Scalia concurred with the decision here, because he supported the outcome: the striking down of three appointments President Obama made to the NLRB during a short senate recess.
You need to read Scalia's opinion if you care about how precedent is created.
What the majority needs to sustain its judgment is anambiguous text and a clear historical practice. What it has is a clear text and an at-best-ambiguous historical practice.
The real tragedy of today’s decision is not simply theabolition of the Constitution’s limits on the recessappointment power and the substitution of a novel framework invented by this Court. It is the damage done to ourseparation-of-powers jurisprudence more generally. It is not every day that we encounter a proper case or controversy requiring interpretation of the Constitution’s structural provisions
We should therefore take every opportunity to affirm the primacy ofthe Constitution’s enduring principles over the politics of the moment. Our failure to do so today will resonate well beyond the particular dispute at hand.
WORLD CUP RUNNETH OVER:
Lose and ....you advance. Almost sounds like an NBA sponsored rule for the Miami Heat. But it was on a bigger stage yesterday that the USA Soccer team, which has showed the world, and themselves that they can compete with the best, fell a bit short.
Thus the USA Soccer team advanced to the storied round of 16 in the world cup with a 1-0 loss to German.
"With the first pick in the NBA draft, as approved by Lebron James, the Cleveland Cavaliers pick....."
The whole league makes us sick.