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View Diary: Scalia cites travel restrictions on 'freed blacks' in Arizona dissent (145 comments)

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  •  Did I miss something? (2+ / 0-)
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    hnichols, Al Fondy

    When did the 14th amendment not become part of the Constitution?

    'Osama Bin Ladien is still dead and GM is still alive' - Joe Biden "Dems kill terrorist. The GOP keeps them around as a boogeyman - so they can continue to steel."

    by RichM on Tue Jun 26, 2012 at 12:11:30 PM PDT

    •  But you're forgetting original intent. (1+ / 0-)
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      RichM

      The fact that the 14thmain amendment didn't change everything immediately change everything indicates that the writers intended for nothing to change. It's in Scalia's book.

      Snarka snarka snarka!

      by Hunter Huxley on Tue Jun 26, 2012 at 12:26:47 PM PDT

      [ Parent ]

    •  A touch of reality (2+ / 0-)
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      RichM, ZedMont

      Scalia seems willing to overlook the written words of the 14th Amendment, adopted in 1868.

      It is true that Freedmen and others had lots of unequal treatment in the years before 1868, but that was the whole point of a Constitutional change in policy.  The answer to the school test question is, "The Fourtheenth Amendment changed the written Constitution the way the Civil War had changed society."

      Where the Roberts court differs from the Warren court is in its disregard for the section of the 14th  Amendment where it says "nor shall any state deny to any person within its jurisdiction the equal protection of the law."

      I suppose I'm saying what other posters have said, any example of unequal treatment before 1868 should not have any place in Supreme Court thinking.

      •  Exactly... (1+ / 0-)
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        ZedMont

        There is a diary up right now actually defending this douche bag.  Saying 'he was quoted out of context!!!11!!'  But his context is still antebellum.  Which means it has no place post 14th amendment.

        'Osama Bin Ladien is still dead and GM is still alive' - Joe Biden "Dems kill terrorist. The GOP keeps them around as a boogeyman - so they can continue to steel."

        by RichM on Tue Jun 26, 2012 at 01:38:38 PM PDT

        [ Parent ]

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