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Academic

: Legal Theory Blog

Green on Scalia in the McDonald v. City of Chicago Oral Argument

By Lawrence Solum

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Christopher Green of the University of Mississippi offered the followed set of quotations on a listserv:
    MR. GURA: We can't give a full description of all unenumerated rights that are going to be protected by the Fourteenth Amendment.

    JUSTICE SCALIA: That doesn't trouble you.

    Senator Howard, 39-1 Globe 2765: "[T]hese privileges and immunities ... are not and cannot be fully defined in their entire extent and precise nature."

    Aristotle, Nicomachean Ethics 1.7: "We must be content, then, in speaking of such subjects and with such premisses to indicate the truth roughly and in outline ... It is the mark of an educated man to look for precision in each class of things just so far as the nature of the subject admits."

Reproduced with permission.

Full post as published by Legal Theory Blog on March 03, 2010 (boomark / email).

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