Scalia: Constitution does not protect women against discrimination

[rdean]

In an interview with California Lawyer, Scalia said that the Constitution itself does not protect women and gay men and lesbians from discrimination

In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we've gone off in error by applying the 14th Amendment to both?

Yes, yes. Sorry, to tell you that. ... But, you know, if indeed the current society has come to different views, that's fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't.

44 - Scalia: Constitution does not protect women against discrimination

Scalia, possibly the most favorite judge of those on the right.

I guess that leaves only "white men". Hmmm, or Republicans. Yes, Republican White men are protected and, if I understand him, "elevated".

Take away woman, gays, and people of color, who's left? Yes, who indeed?

 

[Revere]

He's right, of course.

 

[manifold]

The Constitution itself doesn't protect anyone from discrimination.

Why do you think there was a 'need' for the Civil Rights Act?

 

[manifold]

Oh, and...




Enjoy the latest in a long line of rdean fails.

 

[California Girl]

The Constitution itself doesn't protect anyone from discrimination.

Why do you think there was a 'need' for the Civil Rights Act?

Ahhhh, a voice of sanity among the stupid!

 

[Care4all]

The Constitution itself doesn't protect anyone from discrimination.

Why do you think there was a 'need' for the Civil Rights Act?

ahhhhhh.....but indirectly:
via the powers given to congress BY the Constitution, the Civil rights act was passed and became law, thus giving protection.

 

[Revere]

No, he's right. If you want the protection, pass a law.

 

[Sallow]

No, he's right. If you want the protection, pass a law.

Yep.

The Constitution provides no protection from being murdered.

 

[del]

Oh, and...




Enjoy the latest in a long line of rdean fails.

one has to admire his consistency

 

[Revere]

No, he's right. If you want the protection, pass a law.

Yep.

The Constitution provides no protection from being murdered.

It doesn't. That's why laws were passed against murder.

 

[Sallow]

No, he's right. If you want the protection, pass a law.

Yep.

The Constitution provides no protection from being murdered.

It doesn't. That's why laws were passed against murder.

Damn it.

 

[manifold]

The Constitution provides no protection from being murdered.

I'm pretty sure nobody has ever used any legal document to (successfully) defend themselves from being murdered. But I suppose it's theoretically possible.


Just sayin...

 

[Sallow]

The Constitution provides no protection from being murdered.

I'm pretty sure nobody has ever used any legal document to (successfully) defend themselves from being murdered. But I suppose it's theoretically possible.


Just sayin...

Hmmm..

 

[rdean]

http://www.usconstitution.net/const.html#Preamble

The Constitution of the United States

Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

JUSTICE: The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law.

justice - definition of justice by the Free Online Dictionary, Thesaurus and Encyclopedia.

LIBERTY:
a. The condition of being free from restriction or control.
b. The right and power to act, believe, or express oneself in a manner of one's own choosing.

liberty - definition of liberty by the Free Online Dictionary, Thesaurus and Encyclopedia.

DISCRIMINATION - unfair treatment of a person or group on the basis of prejudice. Prejudicial and therefore unequal treatment of a group of persons

discrimination: West's Encyclopedia of American Law (Full Article) from Answers.com

Unless it's unclear, "discrimination" is a form of "restriction" and "control" and it's not fair which means there is no Justice in "discrimination" and certainly no "liberty". Confederates were able to get around this by declaring blacks were NOT human. That left only white, Confederate men as human. Women obviously weren't one of the "people".

 

[Sallow]

The United States Constitution - The U.S. Constitution Online - USConstitution.net

The Constitution of the United States

Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

JUSTICE: The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law.

justice - definition of justice by the Free Online Dictionary, Thesaurus and Encyclopedia.

LIBERTY:
a. The condition of being free from restriction or control.
b. The right and power to act, believe, or express oneself in a manner of one's own choosing.

liberty - definition of liberty by the Free Online Dictionary, Thesaurus and Encyclopedia.

DISCRIMINATION - unfair treatment of a person or group on the basis of prejudice. Prejudicial and therefore unequal treatment of a group of persons

discrimination: West's Encyclopedia of American Law (Full Article) from Answers.com

Unless it's unclear, "discrimination" is a form of "restriction" and "control" and it's not fair which means there is no Justice in "discrimination" and certainly no "liberty". Confederates were able to get around this by declaring blacks were NOT human. That left only white, Confederate men as human. Women obviously weren't one of the "people".

This is why you fail at these things. You are just as bad as Scalia. Instead of asking something like "Well how come he seems to focus on these sorts of issues?"...you have to bend over backwards to make some elaborate point.

You could have also just pointed out the difference between what's explicit in the Constitution and implicit. Always makes for an interesting conversation.

Instead you annoy the crap out of people with this sort of stuff.

Scalia is a "Textualist" that frequently trips himself up. You'd know that if you followed the news a bit more instead of focusing on the flashy.

 

[Revere]

Scalia is a constructionist, and he's right.

 

[Revere]

Why have a Constitution if you think it says whatever you want?

 

[The Infidel]

The Constitution provides no protection from being murdered.

I'm pretty sure nobody has ever used any legal document to (successfully) defend themselves from being murdered. But I suppose it's theoretically possible.


Just sayin...

Like a hate crime?

 

[Greenbeard]

I'm pretty sure nobody has ever used any legal document to (successfully) defend themselves from being murdered. But I suppose it's theoretically possible.


Just sayin...

[ame=http://www.youtube.com/watch?v=rs1b0lr3ptg]That's illegal![/ame]

 

[jillian]

scalia is a moron