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asaris, I agree with your perceptions of both J. Thomas and Scalia. Thomas is truly an originalist whereas Scalia is originalist only in his ideals and the case you cite is the key factor for both of them.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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