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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Tuesday, March 22, 2005 ::
    I just haven't had time to fisk all the idiocy that's rolling off the presses on the Schiavo issue; fortunately, some of the burden has been taken off my hands by Christopher Cross, the brilliant president of the Federalist Society chapter of Loyala Law School of Los Angeles, who comments here.

    To the Republican legal academics who have been spending a lot of time on-line attacking what Congress is trying to do:

    I really, really, really like federalism. But I think it's a wise practical principle, not a mandate of the natural law. The cardinal virtue of prudence requires that we put our priorities in a morally rational order.

    An example. I, too, harbor doubts as to whether Congress "really" has the enumerated powers necessary to pass, say, a ban on partial birth abortion. But when that issue gets to court, I would be honored to be on the team trying to make the best possible case for the affirmative on that question.

    I love federalism, but I wouldn't kill for it.

    :: David M. Wagner 5:08 PM [+] ::

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