Scalia on Brown v. Board of Education: I Would Have Dissented

[DuaneBidoux]

Source: Huffington Post

In an appearance at the University of Arizona College of Law, Supreme Court Justice Antonin Scalia said that if he were on the court in 1954, he would have dissented in the landmark Brown vs. Board of Education decision that ended school segregation based on race.

Appearing on stage with Justice Stephen Breyer, Scalia cautioned against "inventing new rights nobody ever thought existed." Scalia said he advocates an "originalist" approach to the Constitution, warning against an "evolutionary" legal philosophy that he described as, "close your eyes and decide what you think is a good idea.''



Read more: http://www.huffingtonpost.com/2009/10/27/scalia-on-brow...

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Just remember, the Constitution didn't "invent" rights for slaves or women either. Always remember that a conservative, by definition, has as the core of his philsophy the concept of "no" (remember where CON comes from).

The conservative of today will inevitably be the curious reactionary of the past in another 50 years or so. Try to find a time in history when this has not been the case.

[Deep13]

1. 13th Amendment, 14th Amendment

1st Amendment (freedom of association, speration of church and state)

5th Amendment (privileges and immunities)

Yeah, rights out of thin air.

OTOH, I can't find the provision that says the rich get to dominate the public discussion or that corporations are people.

Post Script:

for your post.

for Scalia.

[glen123098]

2. I wonder how much of an originalist he is.

Does he want to take this country all the way back to what it originally was, aka slavery?

[katsy]

3. just fuck off and die scalia.

no one cares about you or your demented dreams. fucker.

[demwing]

4. dope

those who say they try to follow only the original intent of the Founders, ignore the fact that the Founders themselves disagreed with their own original intent, and so immediately devised a system of amending the Constitution. It's called the Bill of Rights.

[friendly_iconoclast]

5. A mild disagreement - Scalia is *already* a curious reactionary

As another poster pointed out, it would seem that the Fourteenth Amendment would be the linchpin of
the decision in Brown v Board of Education.

Wonder what other amendments he finds 'evolutionary'?

And would that not make Scalia a creationist?

[maddezmom]

6. locking

Huffington Post appears at this point to have gotten it wrong.

see this link:
http://www.talkingpointsmemo.com/archives/2009/10/telli...