Wednesday, November 23, 2005

Scalia, hack

So much for originalism.

Look, the Founders anticipated situations where the will of the electorate might not be conclusive. In such a case the election would be determined by Congress. It happened in 1800 and 1824. It also happened in 1876, but Congress punted and let a commission decide and we were saddled with almost 100 years of Jim Crow, as Reconstruction was nixed so that the GOP of 1876 could hold on to executive power just a little longer (the Democrats of 1876 weren't any better, so this isn't partisan griping).

For a Justice so volubly adverse to innovative interpretations of the Constitution, Scalia's public reasoning for why the Supremes intervened in 2000 is mighty thin.

Originalism=big-ass convenient lie. But of course we already new that.


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