Judge Scalia plays a fun game

Angry, Angry, Angry:

"Are the sovereign states at the mercy of the federal executive's refusal to enforce the nation's immigration laws? A good way of answering that question is to ask: Would the states conceivably have entered into the union if the Constitution itself contained the court's holding? If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign state. ... To say, as the court does, that Arizona contradicts federal law by enforcing applications of federal immigration law that the president declines to enforce boggles the mind." 

Judge Scalia, boggled and emotional

It is an interesting thought experiment. Would South Carolina entered into the Union if Brown vs. the Board of Education was contained in the Constitution? Would Massachusetts or any other free state have entered into the Union knowing that the Dred Scot Decision was the law of the land?

How many states would have declined to join the Union if the Heller decision was incorporated into the constitution? Pre-Heller, there was not an individual right to own a Musket.  Rather the second amendment was conceived to affirm that a “well-regulated militia” of citizen-soldiers would preserve “the security of a free state,” principally by lessening the need for a republican government to depend on a standing army.  The founders were quite leery of standing armies. Nevertheless this fact did not stop Judge Scalia and his confederates from updating the constitution to include his preference for the new civil right of gun ownership.

What would any State decline to ratify the constitution had the Citizen's United decision been incorporated into the document. Pretty sure that Madison and others would have been apoplectic upon any proposed constitutional provision enshrining the rights of Transnational Corporations in the electoral system. Judge Scalia did not care about this transgression from originalism either. He simply did what felt good at the time.

All in all it is a pretty fun game that Judge Scalia is playing. But why is he so angry. He gets to make lots of the rules, just not all of them. He could always take his ball and go home, I guess.