Stephen Colbert destroys Scalia's interpretation of Constitution

[mod mom]

Stephen Colbert destroys Scalia's interpretation of Constitution

by BruinKid

Thu Sep 30, 2010 at 10:52:07 AM PDT

Last night, Stephen Colbert took on Antonin Scalia's originalist interpretation of the Constitution after his comments on how women didn't deserve equal protection.

And, as an originalist, Scalia argues that the idea that the Equal Protection Clause of the 14th Amendment protects women's rights is a "modern invention", because he says, in 1868 when it was written, "Nobody thought it was directed against sex discrimination". Evidently, back then, women hadn't been invented yet. (Made Do With Steam-Powered Friction Pump)

Plus, the 14th Amendment was created to protect the rights of newly freed slaves. That's why it strictly limits equal protection under the law to "All persons born or naturalized in the United States..." So all Scalia is saying is that women aren't persons.

....

Before all you minorities demand that Scalia recognize your equal rights, just ask yourself, were people like me living in America in the mid-19th century? And if not, put a cork in it. Because our longest serving Supreme Court Justice is still living in 1868.

Video and transcript at link

http://www.dailykos.com/storyonly/2010/9/30/906627/-Stephen-Colbert-destroys-Scalias-interpretation-of-Constitution

:rofl:

[ejpoeta]

1. i loved it when he took the women out of the picture and said that there were only

6 justices. people need to think about that though when they talk about original intent of the constitution. i do. women were like glorified slaves.

[66 dmhlt]

8. This is how SCOTUS should be seen ...

[Hosnon]

2. Drafters of laws aren't idiots (and shouldn't be assumed so).

Anyone with half a legal brain knows that sweeping categorical language leads to sweeping categorical application. In my opinion, had the drafters of the Fourteenth not intended a broad interpretation, they would have used limiting language to prevent it.

[LiberalFighter]

7. Good point about the limiting language.

[no_hypocrisy]

3. Let me get this straight. The 14th Amendment recognizes corporations as "persons",

but it doesn't recognize women as "persons", thus allowing legal discrimination against 50% of the citizens of this country. That is, according to "eminent scholar of the Constitution", Antonin Scalia.

Legal precedent says otherwise.

[Sancho]

4. this was hilarious!

Colbert has been on a roll this week!

[jgraz]

5. We need to stop calling it an "interpretation"

Every time Fat Tony opens his cannoli-hole, a different justification for his 15th-century ideology comes dribbling out. All he's interpreting is his own vicious hatred of any idea to the left of Torquemada.

[RainDog]

6. LOVE THIS!!!!!!

Scalia is such an idiot - I think he's mentally ill, personally, but that's just from reading his opinion on various issues.

[DavidDvorkin]

9. I'd say that Scalia is still living in 1861.

[Cal33]

10. You mean his wife is taking all this lying down? She couldn't be a right-winger!

[Iwillnevergiveup]

11. "Shaved walrus"

Great description - and I remember Stephen giving him whatfor at the Washington Press Corp dinner a few years ago. He really is fearless, and we need him desperately.

K&R

[nashville_brook]

12. that's beautiful.