“If the issue of the franchise for women came up today, we would not have to have a constitutional amendment.”
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.
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.
“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 Scalia has been replaced by Obama nominee Merrick Garland Trump appointee Neil M. Gorsuch.
A former contestant on 16 and Pregnant (that’s a show?) recently passed away.
For the longest time, I have been fascinated by what people are considered to be famous. The late Andy Rooney, who was best known for his commentary on the CBS News program 60 Minutes from 1978 to 2011, did a special around 1979, where he mused who was noteworthy. To him, Paul McCartney was famous, but Michael Jackson was not. Of course, this was before the album Thriller came out; I suspect Rooney would have altered his opinion.
In the days prior to 157 cable channel, it was pretty easy in the United States to ascertain that whoever was on national television had a modicum of fame. That is no longer the case. A former contestant on 16 and Pregnant (that’s a show?) recently passed away, and it was reported in my local paper; of course, I never heard of her.
There’s a database called Datasets I belong to, and it put out, at the end of this past year, an international list of “celebrity deaths”. The roster for April 11, 2016 included:
Ed Snider, 83 – American sports executive (Comcast Spectacor, Philadelphia Flyers, Philadelphia 76ers)
Doug Banks, 57 – American radio personality (The Doug Banks Radio Show)
João Carvalho, 28 – Portuguese mixed martial arts fighter
Hokie Gajan, 56 – American football player and broadcaster (New Orleans Saints)
Veenu Paliwal, 44 – Indian motorcyclist
Alan Hurd, 78 – English cricketer.
Alvin Lubis, 37 – Indonesian musician.
Miss Shangay Lily, 53 – Spanish drag queen.
Steve Quinn, 64 – British rugby league player (York, Featherstone)
Albert Filozov, 78 – Russian actor.
Emile Ford, 78 – Saint Lucian singer (“What Do You Want to Make Those Eyes at Me For?”) and sound engineer.
Édgar Perea, 81 – Colombian politician and football commentator.
Tony Ayers, 82 – Australian public servant.
Peter J. Jannetta, 84 – American neurosurgeon (Allegheny General Hospital).
Huntly D. Millar, 88 – Canadian medical technology executive.
Yura Halim, 92 – Bruneian politician, Chief Minister (1967–1972) and lyricist (national anthem)
Richard Ransom, 96 – American businessman (Hickory Farms).
Anne Gould Hauberg, 98 – American arts patron, founder of the Pilchuck Glass School
Ruth Gilbert, 99 – New Zealand poet.2016-04-11
Dame Marion Kettlewell, 102 – British naval officer, Director of the Wrens (1966–1970)
Mohsen Gheytaslou, 25–26 – Iranian soldier (65th Airborne Special Forces Brigade).
A. R. Surendran, no data – Sri Lankan lawyer
Tibor Ordina, 45 – Hungarian track and field athlete
I know NONE of these 23 people, save for Ford, who I heard of only vaguely. I did read Ransom’s obit. Let’s try February 13.
Bořek Šípek, 66 – Czech architect and designer
Flakey Dove, 30 – British racehorse, winner of the 1994 Champion Hurdle
Trifon Ivanov, 50 – Bulgarian footballer (national team)
Slobodan Santrač, 69 – Serbian football player (Yugoslavia) and manager
Barry Jones, 74 – New Zealand Roman Catholic prelate
Giorgio Rossano, 76 – Italian footballer.
Antonin Scalia, 79 – American judge, Associate Justice of the Supreme Court (since 1986)
Nathan Barksdale, 54 – American heroin dealer, dramatized in The Wire
Bud Webster, 63 – American science fiction and fantasy writer.
Angela Bairstow, 73 – English badminton player.
Robin Ghosh, 76 – Bangladeshi composer.
Avigdor Ben-Gal, 79 – Israeli general, GOC Northern Command (1977–1981)
Yvonne Barr, 83 – Irish virologist, discovered Epstein–Barr virus
O. N. V. Kurup, 84 – Indian poet, recipient of the Jnanpith Award (2007)
Mike Shepherdson, 85 – Malaysian Olympic hockey player (1956) and cricketer (national team).
Edward J. McCluskey, 86 – American electrical engineer.
Sir Christopher Zeeman, 91 – British mathematician.
Rafael Moreno Valle, 98 – Mexican military physician and politician, Governor of Puebla (1969–1972), Secretary of Health (1964–1968).
Of the 17 people, and one horse, listed, the only one I had unequivocally heard of was Scalia, the SCOTUS justice whose vacancy President Obama was not allowed to fill. I do remember reading the obituaries of Ghosh and Zeeman.
I thought to write this when Zsa Zsa Gabor died in 2016. While she was in some 30 movies, she was most famous for being famous, a precursor to Paris Hilton or those darn Kardashians.
Antonin Scalia believes in the ‘24’ Effect to rationalize torture.
While I’ve had the intention of writing about the disturbing report that the Senate Democrats recently released about the United States and torture, circumstances have not allowed that. So here’s a bunch of links, with brief observations:
The present writer will take as a given the veracity of its three main findings: that the United States engaged in practices both legally and commonly definable as torture; that the actionable intelligence these practices produced was negligible; and that the practices tainted the moral prestige of the United States government in a manner that damaged its foreign policy. These assertions may be taken as true both because of the abundant evidence presented in the report itself and because of the flailing and hysterical reaction by our country’s national security elites…
[Secretary of State] Kerry: “Lots of things going on in the world; not a good time for disclosure.” But when is there ever not a lot of things going on in the world?
“We have never held that that’s contrary to the Constitution. And I don’t know what provision of the Constitution that would, that would contravene.
“Listen, I think it is very facile for people to say, ‘Oh, torture is terrible.’ You posit the situation where a person that you know for sure knows the location of a nuclear bomb that has been planted in Los Angeles and will kill millions of people. You think it’s an easy question? You think it’s clear that you cannot use extreme measures to get that information out of that person? I don’t think that’s so clear at all.”