> "The institution that will decide that is the institution least qualified to decide it," Scalia said. The legal question is about "balancing the emergency aga

> "The institution that will decide that is the institution least qualified to decide it," Scalia said. The legal question is about "balancing the emergency against the intrusion" on the individual, he said. If this is the thinking on the Supreme court then we've already lost, we have no rights only permissions from the state. Its just a matter of time until the Supreme court gets around ratifying this new relation between the government and the citizens. There is no "consent of the governed" on this view of "rights". It is establishing the rule of men over men, i.e. dictatorship, and the rejection of the rule of law, even if Scalia is too stupid to understand it.