Coming home from a funeral visit to the Hoosier State today, I spent most of the time in the car (ok, transporting food and beverages from rest stop to rest stop along I-80) listening to NPR. Talk of the Nation, I love you but you were mostly boring today... except for a few commercial breaks about today's edition of Fresh Air.
Yeah, that one, with Terry Gross.
There are not words for how much I dislike that
journalist [wordless]. She will literally believe anything anyone tells her as long as it fits her view of reality, ie - hating on the right. Fortunately, she was off and her sub interviewed Laurence Goldstone, a Constitutional scholar and author of the book
Inherently Inequal, a study of 19th century Supreme Court decisions that undermined the 14th and 15th Amendments. Goldstone is not in any way a conservative, based on this interview. But the concluding quotation was amazing:
Fresh Air: Are there not times when there is a value to going back to the original words because, after all, laws are words, words have meaning, and are there cases where there’s a value in saying have we not created some kind of legal superstructure that really takes us far beyond the intent of the original laws?
Laurence Goldstone, author: I agree completely. This is a continuum, this isn’t a question of two absolutes. This isn’t a question of you either follow the Constitution absolutely positively, immutably, or you throw the Constitution away and just decide what you think. There are cases, most cases of course, where the justice will to go to the Constitution or a statute and say “this is what the statute means.” My problem is this - people anointing themselves, saying “I am the only authority.” When, in fact, every judge is an activist; they are doing their best (we hope they are doing their best) to interpret the law in the way they think is the most objective. Now in practice, of course, it tends to be more subjective.
But the idea that nine justices of varying political persuasions are getting together in a room and one of them is saying I think the Constitution means this and the other one says I think it means that, and coming to a majority vote. I think that’s just fine. The issue is not whether or not we throw the Constitution out, of course, we shouldn’t. And the issue is not whether or not we simply make laws out of the air because we like the social import of them. No, we shouldn’t do that either. But we should also recognize that people who read the Constitution differently than we do are not necessarily subverting the law, but are simply seeing the law in a different way than do we. And I believe that if we could start doing at that, and start looking at views counter to our own, in some reasonable way and not just assume some nefarious motives by people who disagree with us, we might be farther along in the country right now.This is the civility we need to be reaching for, not some "you're saying bad words" tattling.
If you're interested in the link, however it pains me to link to Fresh Air,
here you go.