Search This Blog

Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Friday, January 7, 2011

What the Constitution really says

The pledged to read the US Constitution on the House floor on the first day of the new House.

And they did.

Parts of it, at least.

Yet, I doubt they understand what it is really about. Or for.

It sort of reminds me of those people with bumper stickers on their cars that say "The South will rise again." Next time you see one, ask the owner of the car, "Hey, what does that mean, the South will rise again?"

See if slavery comes up.

http://www.slate.com/id/2279920/

Wednesday, January 5, 2011

Should Congress be required to cite the Constitution for any new law?

With the new Congress set to convene today, this could get really interesting!

Here is the argument, in a nutshell:

The first question the new Congress should ask of any proposed law is: Does the Constitution authorize us to pursue this end? If not, that ends the matter. If yes, the second question is: Are the means we employ "necessary and proper," as constrained by the principles of federalism and the rights retained by the people that are implied by a government of enumerated powers? In essence, the Constitution is no more complicated than that. It was written to be understood by ordinary citizens.

http://online.wsj.com/article/SB10001424052748703384504576055632235572362.html?mod=googlenews_wsj

Hey women, you're on your own!

Justice Scalia, certainly the most conservative of the Supreme Court Justices (or is it Thomas?), has put the Court back in the news.

Scalia said: "Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws." (He voiced a similar opinion in a speech in September.)

The Equal Protection Clause states: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

 So, "any person" does not include women?

In fact, the Supreme Court ruled unanimously in 1971 that the clause protected women from discrimination.

http://news.yahoo.com/s/yblog_thelookout/justice-scalia-women-not-constitutionally-protected-from-discrimination