Justice Scalia slams high court

[manualman]

Absolutely it helps to hear opposing viewpoints. In fact, there is an argument on your side you’ve not made yet. As recently as the Great Depression, the SC was SO strict constructionist that it struck down a lot of ‘New Deal’ FDR programs. In your position, you could assert that a court like that would have prevented Federal Civil Rights legislation on the basis of jurisdiction. I’d have to think about that one. Arguably there wouldn’t have been enough states to ratify an outright amendment.

Good discussion.

 

[JimG]

In Brown vs Board of Education, the SCOTUS ruled that schools segregated by law were unconstitutional.

Then it went on in many states, to mandate forced busing.

First it ruled that you can’t deny a student the right to attend a school of his own choosing. That was the issue in B v BOE. A child was denied the right to attend the school he wanted, because the school was for whites only.

But in the end, it ruled, you can deny a child the right to attend a school of his own choosing. The school board would choose which school he must attend, and had to bus him to get him there.

And in the end, we still end up with virtually segregated schools, because parents who don’t like the school system in one place move to another place, except for those who can’t afford to.

 

[buffalo]

I

And in the end, we still end up with virtually segregated schools, because parents who don’t like the school system in one place move to another place, except for those who can’t afford to.

…and in the process killed neighborhoods and gutted cities leaving more poverty and government dependency.

 

[JimG]

…and in the process killed neighborhoods and gutted cities leaving more poverty and government dependency.

That in itself is worth study. The government, I believe, actually helped kill off cities with its anti-family programs. In my own city, which is better off than most, after the courts ordered integration by busing, the city simply stopped building schools in the inner city, instead busing those kids to the suburbs. Now, there is beginning to be a demand for neighborhood schools. But for the neighborhoods that need them most, there are no schools left in the neighborhoods. And cities like K.C. Mo. seem to be pretty hopeless.

 

[Rich_Olszewski]

…and in the process killed neighborhoods and gutted cities leaving more poverty and government dependency.

These outcomes could have resulted just as well had the desegregation come from legislation and not judicial decree. It’s easy to see what went wrong decades after the fact.

 

[buffalo]

These outcomes could have resulted just as well had the desegregation come from legislation and not judicial decree. It’s easy to see what went wrong decades after the fact.

Do you really think that bussing would have been legislated?

 

[AcolyteLector]

Gee, maybe he should **resign his seat **in protest?

WTF is it with Kansas City?

If there is ever another ‘antipope’, he… or she? … will likely be installed there, with the NCR as his/her/its L’Osservatore Romano.

 

[JimG]

WTF is it with Kansas City?

If there is ever another ‘antipope’, he… or she? … will likely be installed there, with the NCR as his/her/its L’Osservatore Romano.

No, the antipope–Pope Michael–was elected at a conclave held in Belvue, Kansas on July 16, 1990, and he now resides in Delia Kansas.

 

[AcolyteLector]

No, the antipope–Pope Michael–was elected at a conclave held in Belvue, Kansas on July 16, 1990, and he now resides in Delia Kansas.

…and all this time I thought the name he adopted for his (anti-)papacy was Pope Impious X… oh well, looks like I should try to keep up with the NCR outside of John Allen Jr.'s column…