05 maj 2010

The Next Supreme Court Justice

Actually, I don't know who it is going to be yet. Newsweek has a round-up of the likely candidates, along with the case for each of them from someone who knows them from up close.

I don't know whom I would prefer yet. I would advocate the nomination of someone who has a realistic and present-day interpretation of the Constitution. Someone who isn't limited by the narrow interpretation of the Constitution as a document that already contains every possible right we could ever be afforded or guaranteed. This originalist view on the Constitution is antiquated and downright wrong. I mean, look at Clarence Thomas and Antonin Scalia. They're far from being the most reasonable justices out there. And just because the founding fathers (who, after all, could not have been infallible) did not imagine certain rights, it does not mean that they are not guaranteed by the constitution. I doubt Jefferson or the others ever envisioned equality for blacks or women, so just because we gave it to them, doesn't mean it was unconstitutional.

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