Posts Tagged ‘Supreme Court’

A good friend of mine asked me to try to find an interview with Antonin Scalia. The late Supreme Court justice talked about a “dead Constitution,” arguing that people ONLY have rights that are spelled out in the document or by the formal amendment process.

My friend recalls him saying that women, or blacks, had no inherent rights until they could convince sufficient White Men to give them rights thru the amendment process.

I discovered that he laid out his “originalist” views many times. In 2005, he delivered one of his two most essential speeches, Constitutional Interpretation the Old Fashioned Way:

Consider the 19th Amendment, which is the amendment that gave women the vote. It was adopted by the American people in 1920. Why did we adopt a constitutional amendment for that purpose? The Equal Protection Clause existed in 1920; it was adopted right after the Civil War. And you know that if the issue of the franchise for women came up today, we would not have to have a constitutional amendment.

Someone would come to the Supreme Court and say, “Your Honors, in a democracy, what could be a greater denial of equal protection than denial of the franchise?” And the Court would say, “Yes! Even though it never meant it before, the Equal Protection Clause means that women have to have the vote.” But that’s not how the American people thought in 1920.

In 2008, Scalia vigorously defended a ‘Dead’ Constitution. As his 2016 New York Times obit noted:

“By choosing the appeals court judge and former law professor, Reagan believed that his nominee would become a… man who would unite a coalition of like-minded justices… But from the beginning, Justice Scalia defied all expectations. He eagerly participated in questioning from the bench during oral arguments when new justices traditionally held back. He became an outspoken, witty and acerbic writer and speaker, who was deified or vilified by people on opposite sides of the political divide.”

This is the first Monday of October, the traditional opening of the Supreme Court’s term. Scalia has been replaced by Obama nominee Merrick Garland Trump appointee Neil M. Gorsuch.

pledge of allegianceSometimes, you need to tell a story so you can tell another story. This is one of those times.

Back in the fall of 1968 (I believe) , I was a sophomore at Binghamton (NY) Central High School. This was, of course, a period of a good deal of strife across the country. The war in Vietnam and civil rights movement were prominently on my mind in the months after the assassination of Martin Luther King, Jr. in April. I read a lot of King after his death, most notably his speeches in April 1967 opposing the Vietnam war. Also in 1967, Muhammad Ali was stripped of his heavyweight boxing title for his refusal to be drafted into the armed service.

Both Ali and King evoked race in stating their positions. Read the rest of this entry »

25mphPicture per HERE.

How Republicans Trumped Themselves. Still, I’m NOT convinced that FriendsWhoLikeTrump.com reflects true Trump supporters on Facebook.

How people respond to Bible quotes when told they’re from the Quran.

The Deadliest Mass Shooting Everyone Forgot.

Ikea’s Newly Designed Refugee Shelters.

Why Poor People Stay Poor. Saving money costs money. Period.

UN Fighting to make LGBT people Free & Equal.
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Close up of the Constitution of the United States of America with quil feather pen

Close up of the Constitution of the United States of America with quill feather pen

Constitution Day is tomorrow, so I found some articles from the previous 12 months, pulling out quotes, to commemorate it. I suggest you read the whole articles.

Civics For Dummies: Judicial Review
People who dislike particular court rulings often imagine that this power of judicial review wasn’t in the Founders’ original vision at all; somewhere along the line the Supreme Court just usurped it. But in fact the Founders foresaw judicial review and approved.

How the NRA Rewrote the Second Amendment
“‘One loves to possess arms’ wrote Thomas Jefferson, the premier intellectual of his day, to George Washington on June 19, 1796.” What a find! Oops Read the rest of this entry »

John Oliver: Helen Mirren Reads the Most Horrible Parts of the Torture Report and What the Internet Does to Women.

The Internet Age of Mean.

11 Ways White America Avoids Taking Responsibility for its Racism. “The pernicious impact of ‘white fragility.'” Slurs: Who Can Say Them, When, and Why. And Churches Are Burning Again in America.

President Obama’s extraordinary eulogy in Charleston, SC.

A black man and a white woman switch mics, and show us a thing or two about privilege.
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