107 online
 
Most Popular Choices
Share on Facebook 13 Printer Friendly Page More Sharing
OpEdNews Op Eds   

Face It: Antonin Scalia Is Just a Bigot in a Black Robe.

By       (Page 1 of 4 pages)   2 comments


by Wikipedia

During oral arguments on Tuesday, March 26th, concerning the right of homosexuals to marry as they see fit, Justice (if that word is appropriate for) Antonin Scalia asked attorney Ted Olson, who was arguing in favor of that right, "When did it become unconstitutional to exclude homosexual couples from marriage? 1791? 1868? When the 14th Amendment was adopted?"

 

Olson answered with a sequence of questions of his own: "When did it become unconstitutional to prohibit interracial marriages? When did it become unconstitutional to assign children to separate schools?"

 

The two sparred back and forth. Olson concluded: "There's no specific date in time. This is an evolutionary cycle."

 

Of course, that answer -- essentially the "living constitution" theory of interpreting the Constitution -- couldn't possibly have gone over very well with Scalia, who has always (and passionately) rejected it.

 

Olson's answer was evasive. A good answer was available to him, but he unfortunately failed to use it.

 

This answer would have been along these lines:

 

"Your assumption seems to be that the Constitution starts with the presumption that rights do not exist unless they are stated in the Constitution.

 

But that's a false presumption about our Constitution. This nation's Constitution starts instead with the presumption that nothing is prohibited unless laws that adhere to our Constitution prohibit it.

Next Page  1  |  2  |  3  |  4

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Must Read 1   Well Said 1   Supported 1  
Rate It | View Ratings

Eric Zuesse Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Investigative historian Eric Zuesse is the author, most recently, of  They're Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010,  and of  CHRIST'S VENTRILOQUISTS: The Event that (more...)
 
Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact EditorContact Editor
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

First Examination of Malaysian MH-17 Cockpit Photo Shows Ukraine Government Shot that Plane Down

Indications that the U.S. Is Planning a Nuclear Attack Against Russia

Harry Reid Effectively Kills Obama's TPP and TTIP International Trade Deals

UPDATED -- Conclusive: 2 Ukrainian Government Fighter-Jets Shot Down that Malaysian Airliner.

MH-17 'Investigation': Secret August 8th Agreement Seeps Out

The Propaganda War About Ukraine: How Important It Really Is

To View Comments or Join the Conversation:

Tell A Friend