Thursday, January 6, 2011

On Scalia, Boehner and Twain

Supreme Court Associate Justice Antonin Scalia has famously given an interview implying (well, more than implying) that sex discrimination and sexual orientation are not covered by the fourteenth Amendment of the U.S. Constitution. From section 1 of the amendment:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
So women aren't citizens, and neither are your gay/etc. neighbors.

To a small degree, I can see the wiggle room Scalia built in to his reasoning. But that's the originalist argument. It's still wrong.

The Tea Party advocates originalism famously. Now-Speaker of the U.S. House of Representatives John Boehner has somewhat kowtowed to the Party by insisting the U.S. Constitution be read at the opening of the 112th Congress, to remind lawmakers of the original intent of the Founding Fathers. It only cost taxpayers $1.1 million.

Except, he decided to skip over certain parts (some which had been negated or altered by later amendments.)

Also, earlier this week, a book publisher has decided to censor/edit Huckleberry Finn, an American classic.

What do all these have in common?

Each chooses to ignore ugly, vast and unpalatable parts of our history as Americans. We cannot, as a great country, understand the original intents without looking at the whole story.

Originalists, apparently, choose to selectively ignore.

No comments:

Post a Comment