hearted originalist. >> a difference between using originalism to strike down legislation and more as a shield to uphold it. about faintlking hearted originalism. there are two ways to describe it. the example in the eighth amendment where the court would strike down a policy that legislature as enacted. the other way is to think of it to stare decisis. there were a lot of precedents that justice scalia seemed to adhere to. one was the size and scope of the commerce power, the other is one person, one vote. argued for overruling that. incorporation of the bill of far from clear that incorporation was the original amendment soe 14th there are examples like that where he has gone along with of stare in the name decisis without arguing that single precedent should be overruled so in that sense i think he is a faint hearted and not stout hearted. ms. myles: i can say one thing about that. thatd a reason for doing and that was he didn't want to be -- i think he wanted to be on the have an influence way the legal scholars, judges public, american public thought about the constitution a greatrporation is example because the text o