hmmmmmmmmm.......: a kindred spirit

Wednesday, September 07, 2005

a kindred spirit

I've babbled a lot about Katrina but not mentioned Rehnquist. But I didn't need to, because Shamus said it all, and even included the brief Rehnquist wrote against Brown v Board. (Go read it! Now!)




I can't help pointing out that Rehnquist actually sounds downright stupid. In response to Thurgood Marshall's moral argument against the majority limiting the rights of the minority, Rehnquist points out that the majority will always determine the rights of the minority (of everyone, in fact).

But one can't use that as an argument for or against any particular constitutional right. That's like saying "the Senate should (or should not) pass this bill because if a majority of them vote for it it will become law."

In other words it sounds like Rehnquist answered a moral argument by pointing out how a democratic system (one based on 'majority rules' anyway) functions. Makes no sense.

Or maybe it's me that's stupid (I who am stupid?). I dunno. All's I know is, enough politics already.

2 comments:

shakha said...

Thanks for the props! I am now worried as Gonzales is taken around the Katrina disaster area. Seems like W's next appointee. Ugh.

birdfarm said...

I should clarify that I meant Shamus was a kindred spirit, because he's filling up his blog with political rants. I hope nobody thought I meant that Rehnquist was a kindred spirit. To me, anyhow.