Thursday, January 27, 2011

Supreme Court Associate Justice Antonin Scalia crosses yet another line, or, Has dementia finally put its death-grip on Scalia?

By Jack Brummet
Jurisprudence Editor
(Illustrations, Jack Brummet)

[Ed's note/sidebar]: I didn't get around to writing about this, but I actually felt bad for Representative Bachmann when she performed her "tea party rebuttal."   She was focused on her crappy web-cam, while the network's heavy camera were off to her side.  She ended up looking like a goofball, and never looked into the camera of the national feed.  Conan, Huffington, and many others, of course, made hay on this.  OK, I didn't feel that bad for her...]

Associate Supreme Court Justice Antonin Scalia recently drove up to the Capitol to lead a little seminar about the Constitution for the members of Congress, under the auspices of Tea Party caucus chair Michele Bachmann.  Justice Scalia's stint in Congresswoman Bachmann's Constitution prep school has triggered all sorts of backwash and blowback about exactly just what is the proper relationship between the Supreme Court and the rumpled wardheelers and corporate shills we call our political leaders. But as many have said, and written, the crux of the biscuit here is not about ethics, but about the twisted and warped view of the Constitution that Scalia and the Tea Party are promulgating



Jonathan Turley wrote in the Washington Post this weekend, that while Supreme Court Justices across the ideological spectrum have taken on increasingly prominent public roles, Scalia has become a "celebrity justice" by throwing in with the pinheads of the Tea Party and the far right bleeding edge of the GOP.

I don't have anything against God, or The Bible.  Quite the contrary.  And while neither of them are actually mentioned in The Constitution, you wouldn't know that from listening to either the Tea Party or Justice Scalia. 


While both Scalia and the TP talk about strictly interpreting the constitution, the Tea Party has more than once floated the idea of repealing the 16th Amendment (re: federal income taxation), the 17th Amendment (re: direct popular election of U.S. Senators), and even parts of the 14th Amendment.  And yeah, a couple of other amendments too.  Sooner or later, they will also get around to chucking the first amendment. 

These Scalia-Bachmann Con Law classes are not an introduction to the Constitution as much as a blueprint for reinterpreting the Constitution. My fellow editor, Pablo Fanque, called it "tweaking and editing the constitution to bring it into closer conformance with Mein Kampf."

Scalia has often said that the equal protection clause (e.g., the 14th amendment), originally meant to ensure black Americans the full rights of citizenship, was never intended to ensure equal rights for women or gay people.   But then, according to the Huffington Post, "he departed completely from the original intent of the amendment, using it as a justification for halting the 2000 recount in Florida and handing the presidency to George W. Bush."

And needless to say, both Scalia, and his lapdog Clarence Thomas, have hinted that they are more than willing to consider overturning the health care reform law. As always, they believe the rights of corporations supersede those of individual citizens--a bizarre reading of our founders' intent, and quite possibly, the opening volley in what may come to be known as the American Revolution II.
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