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Myth Busting: Did Supreme Court Justice Antonin Scalia have a Change of Heart?

Myth

Scalia was vehemently opposed to the Article V convention at the end of his life.

I certainly would not want a constitutional convention.  I mean, whoa!  Who knows what would come of that?

- Antonin Scalia interviewed with Bernard Kalb, 2014

 

 

Fact

Scalia's remarks don't conclude with the quote above.  He had more to say on the subject.  And what he had to say undermines the claim that he had changed his mind about the convention process.

The rest of the story...

Here's how Scalia concluded his remarks...

If there were a targeted amendment, ... I think the only provision I would amend is the amendment provision ...I figured out at one time what percentage of the populace could prevent an amendment to the Constitution and if you take a bare majority in the smallest states, by population, I think something less than 2% of the people can prevent a constitutional amendment ...It ought to be hard but it shouldn't be that hard.

source: at 1:06:09

 

2015 Remarks

A constitutional convention is a horrible idea.  This is not a good century to write a constitution.

- Antonin Scalia to the Federalist Society, 2015

https://www.dailysignal.com/2015/05/11/supreme-court-justice-scalia-constitution-not-bill-of-rights-makes-us-free/

Write vs Amend

The use of the word "write" and not "amend" is significant.  Scalia is not lazy with his word choice.  He's clearly saying this is not a good century to write a new constitution from scratch.

He isn't talking about the Article V convention in either of these remarks.

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Physicians for COS

The diagnosis is clear.

We have a growing cancer today known as the Obamacare. As a result physicians are no longer free to practice medicine.

No profession feels the full force of the federal government more than physicians. The medical profession is the most highly regulated profession in the United States. The practice of medicine is controlled, taxed, and regulated to the point of being destroyed by the heavy hand of the federal government.

Physicians are told how to bill, how much to charge, and how to treat patients. They are mandated to use expensive electronic medical records. The federally enacted HIPPA (Health Information Privacy and Portability Act) makes the communication between physicians and atients burdensome, inefficient,and expensive. Every physician is required by federal mandate to register with the government to obtain an NPI (national provider identifier.) We are required by federal law to obtain and pay for a license to prescribe medication through the DEA, which is separate from our state licensure.

This heavy hand of government not only oversees the largest federal health bureaucracy ever created, but by extension reaches into every state, every city, and every small town to regulate how every licensed physician practices the art of medicine and how citizens obtain care.

The treatment is also clear.

The prescription for a cure was written into our constitution by our founders. Article V of our constitution allows for the states to call for a convention of states to limit the power and jurisdiction of the federal government through the proposal of constitutional amendments. Physicians should be the strongest supporters of this brilliantly-crafted states’ rights tool placed into our constitution by our founders.

I urge my fellow American physicians to join with me in supporting an Article V Convention of States to take back control of the practice of medicine. It’s the only way that we can return the practice of medicine back to the intimate relationship between a doctor and patient without interference by the heavy hand of a distant, national government.

Jeffrey I. Barke, M.D. Family Physician Newport Beach, CA
Convention of states action

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