Subject: The Defective Constitution....
From: "Eric Schwerin" <[email-masked]>
To: "Hunter Biden" <[email-masked]>, "David Schwerin" <[email-masked]>
Date: Mon, 10 May 2010 22:32:59 -0400

*From NBC's Ali Weinberg*
Several liberal blogs (as well as at least one conservative) have condemned
a memo from the RNC alleging that *Solicitor General* *Elena Kagan's* use of
a particular quote from *Justice Thurgood Marshall,* for whom she clerked,
demonstrates her disdain for the constitution. In an article published
shortly after Marshall's death, Kagan quoted from a 1987 speech in which he
said the Constitution as originally conceived and drafted, essentially
condoning slavery, was "defective," and that the Supreme Court's mission was
"to show a special solicitude for the despised and the disadvantaged."

The RNC's memo includes a headline reading "Does Kagan still view
Constitution 'As Originally Drafted And Conceived’ As ‘Defective’?”

At the conservative blog NRO, Abigail Thernstrom
<http://corner.nationalreview.com/post/?q=MDgzOWJmZjE2MzFkMTFhNDNmYTMyZGMxNzdkNjdmYjU=>has
some advice for RNC Chairman *Michael Steele:* "just as a little experiment,
you might try thinking before you speak." Citing the RNC memo's question,
whether Kagan "still" believes the Constitution as originally drafted is
defective, Thernstrom writes, "Of course the answer should be, yes. Might
the Three-Fifths Clause have been a wee bit of a defect?"

AMERICAblog's <http://www.americablog.com/2010/05/gop-attacks-kagan-by-defending-slavery.html>reaction:
"Is it racism or rank stupidity that motivates Republicans nowadays? But
attacking Thurgood Marshall? Why, because he's black? Oh, I know, everyone
officially will say "no, it's not that." But really? And the specific
Marshall quote that the GOP is so upset about - that the Constitution was
defective as originally drafted. Thurgood Marshall was talking about, among
things, slavery. So, the Republicans don't think approving slavery was a
defect of the Constitution? That's really their argument, defending
three-fifths a man and slavery?"

And Daily Kos:<http://www.dailykos.com/storyonly/2010/5/10/865193/-GOP-Defends-Slavery-to-Attack-Kagan?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+dailykos%2Findex+%28Daily+Kos%29&utm_content=Google+Reader>
"It
certainly wouldn't be a new tactic from Republicans. Don't forget *Ronald
Reagan's* first speech after the 1980 GOP convention was on the topic of
states rights, and was delievered in Philadelphia, Mississippi, where three
civil rights workers were murdered in 1964. The GOP hasn't changed an iota
in the intervening thirty years, except perhaps they're even less subtle in
their racism in 2010."
-- 
Eric D. Schwerin
Rosemont Seneca Partners
(202) 333-1880
[email-masked]