My Beautiful Wickedness


Helloooooo 19th century.
June 28, 2007, 11:37 am
Filed under: Uncategorized

As Nick points out, the Gang of Five has undone school desegregation by race today.

This is the entire problem of the originalist school of interpretation. Yes, indeed, if you strictly adhere to a Constitution crafted by slaveowners and designed to empower wealthy white men but exclude most everyone else from power, economic opportunity, and full possession of their bodies — and you do it right — well, this is the kind of crap that you’re going to come up with. The Roberts Court are probably correctly interpreting if not the letter, at least some of the reactionary spirit of the Constitution as it was written in 1787. Remember, there were at least two and some argue as many as three armed revolts going on during the Constitutional Convention…this was an embattled set of dudes who put this thing together. But SOOOOO FUCKINGGGGG WHAAAAAAT? We’re not living in 1787.

So much of what aggravates me recently is the idea popular among some conservative ideologues that history doesn’t matter. Or that we can stop change at some arbitrary point. Or that human social institutions shouldn’t change as society does.

Don’t even get me started about their jones for common law. I got so aggrieved the last time I thought closely about the conservative tendencies of common law jurisprudence that I had to write a dissertation.

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4 Comments so far
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Heh. You could have studied the twelfth century, when the common law was revolutionary instead. Good times, good times.

Comment by nm

I think the illuminating quote is Roberts saying “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” This is the Neo-Con “reverse discrimination” thing that claims that if we have a government that acts totally blind toward race, then racism will disappear. The problem, of as you say, is that this ignores the continuing legacy of racism in everything from our institutions to our demographics.

Bushism is going to be with us for a really long time.

Comment by Gerald

[…] Posted by Gerald on June 29th, 2007 Several people have been discussing the two decisions by the Supreme Court striking down the voluntary desegregation programs in Louisville and Seattle.  You can read some details here and you can see some of the discussion on my friend Bridgett’s blog at My Beautiful Wickedness.  […]

Pingback by Civil Rights and Individual Rights « Virtual Bourgeois

Whenever I go to the hospital, we drive past a public swimming pool that George Wallace had filled with concrete rather than bend to a court order to integrate it. My city has tried so hard to heal from those days (and the KKK lynching in 1982) and Mobile has made a lot of great progress. When I went to school, things were very integrated.

But now, things are rapidly backsliding, and we have many schools segregated now.

It really is sad.

I don’t want to live in a segregated society.

Comment by Nick Dupree




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