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"War Means Rights May Be Scaled Back" read the headline of the Associated Press story in the March 18th issue of Newsday. "The government has room to scale back individual rights during wartime without violating the Constitution, Supreme Court Justice Antonin Scalia said Tuesday' the newspaper reported. "The Constitution just sets minimums," Scalia was quoted as saying, while answering questions after a speech at John Carroll University in suburban Cleveland. "Most of the rights that you enjoy go way beyond what the Constitution requires.
Justice Scalia was responding to a question about the federal government's war on terrorism and the dangers it may pose to the rights of individuals. He did not specify what rights are constitutionally protected, but said that in wartime one can expect "the protections will be ratcheted right down to the constitutional minimum. I won't let it go beyond the constitutional minimum."
Justice Scalia's minimalist view of rights, as reported above, gives cause for ...