Thurgood Marshall

May 10, 2010 by Post Team 

Thurgood Marshall:As you may have heard by now, Michael Steele criticized a statement by beating Elena Kagan, because it supposedly showed “support” after suggesting that the Constitution “as originally drafted and conceived” it was “defective.”

The author of these statements on the Constitution was none other than Thurgood Marshall. Kagan wrote about Marshall in a 1993 article as follows:

During the year that marked the bicentennial of the Constitution, Justice Marshall, gave a characteristically frank speech. Declared freedoms that the Constitution, as originally drafted and conceived, was “defective”, and only in the course of 200 years had the nation “achieve [d] the system of constitutional government, and respect for individual and … human rights, we hold as fundamental today. ”

That is the basis for the claim of the Republican National Convention. As many have already pointed out, is that Marshall was talking about slavery. Presumably, the NRC agrees this was a defect that should be corrected.

But here is more of what Kagan wrote in the original article:

Because in the opinion of Justice Marshall, constitutional interpretation requires, first of all a thing of the courts: the courts demanded that show a special concern for neglected and disadvantaged. It was the role of the courts, in interpreting the Constitution to protect people who were protected by all organs of government – to safeguard the interests of people who had no other champion. The Court was primarily for this mission.

This seems like a pretty simple statement: Kagan says Marshall believes the Constitution should protect the individual rights of those who have been abandoned by all other organs of government. That seems like Civics 101. Does the RNC really disagree with this?

The RNC has to know (hopefully, at least) how controversial these statements are true. The decision to make this the opening shot suggests that the rest of the arrows in the quiver can be very boring indeed.

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