metonymy4u

Scalia’s doctrine of textualism represents a very clever and age old method for the aggregation of power. It is the power of apparent power reduction. By ostensibly advocating judicial restraint, he wishes to invoke the age old trick of the man behind the curtain, hoping that we will pay no attention. But as Nietzsche pointed out in 1887, feigning powerlessness is itself a very shrewd political trick. And we need not be fooled by it any longer.