RNC Baselessly Attacks Kagan for Quoting Justice Marshall
At this point, nobody really expects much from the RNC, but even by their low standards, this is pretty pathetic:
Republicans are questioning Elena Kagan’s ties to a liberal icon and the nation’s first African American Supreme Court justice, Thurgood Marshall.
In its first memo to reporters since Kagan’s nomination to the high court became public, the Republican National Committee highlighted Kagan’s tribute to Marshall in a 1993 law review article published shortly after his death.
Kagan quoted from a speech Marshall gave in 1987 in which he said the Constitution as originally conceived and drafted was “defective.” She quoted him as saying the Supreme Court’s mission was to “show a special solicitude for the despised and the disadvantaged.”
“Does Kagan Still View Constitution ‘As Originally Drafted And Conceived’ As ‘Defective’?” the RNC asked in its research document. “And Does Kagan Still Believe That The Supreme Court's Primary Mission Is To ‘Show A Special Solicitude For The Despised And Disadvantaged’?”
The point that Marshall was making is, you would think, rather uncontroversial:
I do not believe that the meaning of the Constitution was forever "fixed" at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the Framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today.
You know, the last time I checked, the Constitution had been amended twenty-seven times, under the procedure set out in the Constitution itself, in order to do things like abolish slavery and give women the right to vote.
Does the RNC think the the Constitution, as drafted, was perfect that therefore shouldn't be amended ?
If so, they might want to re-write their party platform:
We favor adoption of the Balanced Budget Amendment to require a balanced federal budget except in time of war.
Twenty-six years ago, President Reagan’s Task Force on Victims of Crime, calling the neglect of crime victims a “national disgrace,” proposed a constitutional amendment to secure their formal rights. Today, that disgrace persists in courtrooms across the nation. Innocent victims – battered women, abused children, the loved ones of the murdered – still may not be told when their case is being heard. They can be excluded from the courtroom even when the defendant and his friends may be present. They have no right to a speedy trial, and a judge or parole board has no obligation to consider their personal safety in making release decisions. In short, the innocent have far fewer rights than the accused. We call on Congress to correct this imbalance by sending to the states for ratification a constitutional amendment to protect the rights of crime victims.
Faithful to the first guarantee of the Declaration of Independence, we assert the inherent dignity and sanctity of all human life and affirm that the unborn child has a fundamental individual right to life which cannot be infringed. We support a human life amendment to the Constitution, and we endorse legislation to make clear that the Fourteenth Amendment’s protections apply to unborn children.
Because our children’s future is best preserved within the traditional understanding of marriage, we call for a constitutional amendment that fully protects marriage as a union of a man and a woman, so that judges cannot make other arrangements equivalent to it.
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