Re: [issues] Re: Demographics - Reprise

[Robert Kiesling]

Kelly Lynn Martin <[EMAIL PROTECTED]> wrote:

> On Sun, 9 Jan 2000 12:38:52 -0500, Robert Kiesling 
><[EMAIL PROTECTED]> said:
> 
> >Not really.  You might consider the magnitude and severity of
> >discrimination.  I think that may be due to the shortsightedness of
> >the Framers of the Constitution.  They couldn't possibly have forseen
> >every cultural advance.
> 
> Well, the notion that the constitution forbids discrimination
> generally really didn't come forward until Justice Stone's famous
> "Footnote Four" in _United States v. Carolene Products_.  The Framers
> clearly did not consider the issue at all, and it's quite evident that
> the authors of the Fourteenth Amendment intended only to prohibit the
> complete denial of basic rights on the basis of race.  The current
> interpretation of the Fifth and Fourteenth Amendents is clearly a
> product of the past 70 years of Constitutional interpretation, and has
> little to do with Framer's intent.

Like most other Constitutional interpretation, I would think.  Excuse
me, are you a lawyer?

Robert 


************
[EMAIL PROTECTED]   http://www.linuxchix.org