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Republicans Defend Slavery to Attack Kagan

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One month after Republican Governors Bob McDonnell and Haley Barbour celebrated a slavery-free version of the Confederacy, the GOP is defending slavery in order to attack President Obama's Supreme Court nominee, Elena Kagan. In an RNC memo released today, Republicans blast the former clerk to Thurgood Marshall for concurring with her boss' assessment that the Constitution as originally conceived and drafted was "defective." Of course, that's just the latest rotted carcass of the Confederacy to be exhumed as a Republican talking point.

Unable to prevent three-fifths of the Senate from voting on Kagan's nomination, Republicans instead are suggesting the Founders' three-fifths of a person standard for counting slaves was no defect. As the Hill reported, the RNC, including Michael Steele, objects to Kagan's citation of a 1987 Marshall speech in a 1993 tribute to her late mentor. Among the offending if self-evident passages from the 1987 address by Marshall:

[T]he government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today. When contemporary Americans cite "The Constitution," they invoke a concept that is vastly different from what the Framers barely began to construct two centuries ago.

Even more alarming to the Republican mind than Marshall's spotlight on the early Constitution ("We the People" included, in the words of the Framers, "the whole Number of free Persons.") was Kagan's approving citation of his belief that the mission of the Supreme Court was to "was to “show a special solicitude for the despised and the disadvantaged." Inquiring conservative minds, the Hill reported, now want to know:

“Does Kagan Still View Constitution ‘As Originally Drafted And Conceived’ As ‘Defective’?” the RNC asked in its research document. “And Does Kagan Still Believe That The Supreme Court's Primary Mission Is To ‘Show A Special Solicitude For The Despised And Disadvantaged’?”

But the shocking defense of slavery is just the latest episode of antebellum nostalgia from the Republican Confederacy of Dunces. From their inflammatory rhetoric to their resurrection of discredited Confederate notions of secession, nullification and states rights, the GOP's fans of Dixie constantly remind Americans that the old times there are not forgotten.

As the health care reform debate reached its climax in March, Rep. Paul Broun of Georgia was among those longing for the days of the antebellum South. Missing the irony that health care is worst in those reddest of Southern states where Republicans poll best, Broun took to the House floor to show that he was still fighting the Civil War:

"If ObamaCare passes, that free insurance card that's in people's pockets is gonna be as worthless as a Confederate dollar after the War Between The States -- the Great War of Yankee Aggression."

If you thought you had heard that outdated term of Dixie revisionist history recently, you did. In February 2009, Missouri Republican Bryan Stevenson took exception to President Obama's support for the Freedom of Choice Act, legislation which codify the reproductive rights protections of Roe v. Wade nationwide:

"What we are dealing with today is the greatest power grab by the federal government since the war of northern aggression."

The next logical step for the neo-Confederate s of the GOP is to threaten secession. And as ThinkProgress reported a year ago, Texas Governor Rick Perry suggested to a furious Tea Party rally that the secession option should be on the table:

Perry told reporters following his speech that Texans might get so frustrated with the government they would want to secede from the union.

"There’s absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that."

Sadly for Perry and the secessionists, Supreme Court Justice and would-be Elena Kagan colleague Antonin Scalia crushed their hopes:

"If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede."

Hoping to stand the Civil War on its head, President Obama's Republican opponents are once again turning to nullification. Suggesting that South Carolina's effort to nullify federal tariffs starting in 1828 was a blessing, foes of the new health care reform law claiming state sovereignty trumps federal supremacy. The new "Tentherism" is embodied by Minnesota State Senator Tom Emmer, the Republicans' choice to succeed Governor Tim Pawlenty. As TPM recounted last week:

He has even proposed a state constitutional amendment that would allow federal laws to operate in Minnesota only if they were consented to by super-majorities of the state legislature.

(Sadly, Republican Civil War era propaganda has been successful in transforming American political discourse. A Pew Research Center poll found that 77% of respondents have a positive view of the term "states rights.")

And so it goes. As Republicans wage their battle against Elena Kagan as the latest front in their perpetual war against President Obama, they turn to the Constitution. Just not, TPM pointed out, the one you think. Under the Constitution of the Confederate States of America:

Language promoting "the general welfare" was omitted, while the right to own slaves was explicitly guaranteed although foreign slave trade was forbidden).

The president, serving a single six-year term, was given line-item veto power over the budget, and his cabinet awarded nonvoting seats in Congress. To guarantee Southerners their much-desired states' rights, the federal government had no authority to levy protective tariffs, make internal improvements, or overrule state court decisions, while states had the right to sustain their own armies and enter into separate agreements with one another, and were given greater power in amending the constitution.

So much for the Party of Lincoln.

UPDATE: Even the National Review's Abigail Thernstrom is horrified: "Mr. Steele (and RNC staff), just as a little experiment, you might try thinking before you speak."

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Handypants's picture

"Mr. Steele (and RNC staff), just as a little experiment, you might try thinking before you speak."

No, not ever! They are doing a fine job.

My goodness these GOPhers are loony tunes.


"I know that there are people who do not love their fellow
man, and I hate people like that!
" ~ Tom Lehrer (1928 - )

BaScOmBe's picture

expected.


________________
common sense matters as much as truth

docb's picture

talking 3/5 human for representation-counting slaves-without women! Greenwald might serve better to be back in the country instead of screeching from afar...

Justice Marshall was right!

He is playing a republican game...No longer concerned about America but the progressive cant...Sad...I was hoping for a more reasoned voice...Yes he should return to be considered credibile.

Truth_Critic's picture

Republicans blast the former clerk to Thurgood Marshall for concurring with her boss' assessment that the Constitution as originally conceived and drafted was "defective."
--------------------------------------------------------------------------------
Today's Constitution is a realistic document of freedom only because of several corrective amendments. Those amendments speak to a sense of decency and fairness that I and other Blacks cherish. --Thurgood Marshall
-------------------------------------------------------------------------------
I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times.

We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors. --Thomas Jefferson


Study the symptoms not the virus...

Alice X - Chomsky Nader's picture

Obama's natural choice of Kagan

Glenn Greenwald here


statusquObama, change you can only pretend in

John Hoffman's picture

The Republicans got nothin'! They are going to be throwing poo at the walls and everything else for the next several years. Now laughingly referred to as "The Party of Lincoln." Yeah. Right.


Proud DFH, emeritus!

StillSickOfIt's picture

could believe the constitution was perfect in it's original form. Even the framers of the constitution were smart enough to know how flawed it was. They intended for future generations to modify (amend) the negotiated document that was full of concessions so that a new nation could be born. Even the bible has been re-written through the ages to conform to modern standards. Only people afraid of the future would fight change.

but still likes to be changed.

Truth_Critic's picture

Zing! ;)


Study the symptoms not the virus...

Truth_Critic's picture

looks like he used stationary to roll that thing. ;)


Study the symptoms not the virus...

The Bill of Rights and the other 17 amendments are clearly a falling away from grace...

Milquetoast's picture

They would do so much better to criticise Kagan for what she really is...

(A Goldman Sachs lackey)


audit-prosecute-incarcerate

Anna_Yaruna's picture
[Comment Deleted By Administration For Violation Of Terms Of Service]
Liberalicious's picture
Wow

that was quick...just finished flagging the troll. I'm getting slow.

[It's a spambot, not a troll-Sitemonitor]

Wow could have fooled me...seemed rather specific and detailed for a bot. Oh well.

MountainMan23's picture

Remember the kerfuffle a few days back when Virginia's RightWing Attorney General issued lapel pins that covered Virtus' left breast?

Cuccinelli staff's state seal lapel pins cover up traditional Virtus

RICHMOND -- Attorney General Ken Cuccinelli apparently isn't fond of wardrobe malfunctions, even when Virginia's state seal is involved.

The seal depicts the Roman goddess Virtus, or virtue, wearing a blue tunic draped over one shoulder, her left breast exposed. But on the new lapel pins Cuccinelli recently handed out to his staff, Virtus' bosom is covered by an armored breastplate. ..

Efforts to reach Cuccinelli were unsuccessful Friday.

His spokesman, Brian Gottstein, said the pin was paid for by Cuccinelli's political action committee, not with taxpayer funds. He acknowledged that the attorney general has pointed out Virtus' "more modest attire," adding that the rendition chosen by his boss "harkens back to an older version of the seal."

Anyone want to guess when that "older version of the seal" was used?

Flags Of Virginia

The Virginia state flag adopted in 1861 is a bit different than the flag adopted afterwards that flies today. The two changes are the laurel wreath that goes around the state coat of arms was a post-Civil War addition - as was the bared breast of the lady liberty figure in the coat of arms. During the Civil War era she was completely covered up.


When will government of the people, by the politicians, for the corporations perish from this Earth?

Not soon enough!

oldretire's picture

Racist Terrorist attack. Yes the Nazi Racist republicans the party that bcalls for America to fail while supporting Financial and Banking Terrorism on the American people with out substantive fact other then to prove they are American Terrorist out to kill the American process for the advancement of the Terrorist of the Financial and Banking Institutes.

Drop Dead republican White Trailer Trash NAZIS.

Medical Diagnosis by Video's picture

however the mindset of the racist Rethugs is defective and refuses to change.

MountainMan23's picture

When will government of the people, by the politicians, for the corporations perish from this Earth?

Not soon enough!

Tim REALLY misses Japan's picture

if Michael Steele isn't a really pissed off black man who is going to take these pig-f*ckers down from the inside.

They truly deserve it and with Steele, it's plausible too.


"Better." It's what we should ask of ourselves and of our leaders.

If you look at the rightists arguments, I think we all have a pretty good idea what is defective today. And it's not the Constitution.

Truth_Critic's picture

...Kagan in '97 urged Clinton to ban late abortions

Anomaly?

I've got two daughters. 9 years old and 6 years old. I am going to teach them first of all about values and morals. But if they make a mistake, I don't want them punished with a baby. --Barack Obama


Study the symptoms not the virus...

SadButTrue's picture

They call them the framers, which is a nice descriptive word. A frame is just the infrastructure upon which you build something. You wouldn't live in a house that's been framed before they put the drywall on the inside and the cladding on the outside, would you?


"In theory theory and practice are alike. In practice they are very different."

project's picture

I was playing in a poker tournment online. One of the players said he just got a phone call from Obama wanting more taxes. The other one there chimed in to which I quickly responded bullshit. As the arguement went on I ask what the did not understand about bush spending 12 trillion dollars in less then 8 years. To which this idiot says Obama has spent more then that already.
Jesus christ these republicans don't have any kind of hold on reality.
They just lie, make shit up and I think they believe their own lies!
Really republicanism/conservatism is a mental illness!

Truth_Critic's picture

They bluff all the time...

It's funny how the elephant people can act like asses in Politics and donkeys in poker

They got nothing... and the fold like a cheap suit when you call them on it! ;)

Generally speaking...


Study the symptoms not the virus...

Hechicera's picture

Chance of Democracy surviving?

kaybee's picture

also denied women the right to vote.

Do the GOP women like that?

neesy08's picture

being obstructionists, the gop have tocome up withsome reason to attack her. when you have to defend slavery to attack a nominee, it says they don't give a rats a$$ about the black vote

The inbred morons in the hee haw dueling banjo states will never change , their Repug masters will make sure of that .


Insanity , it is what it is , there is no understanding it .

ice9's picture

They don't really expect the particulars of the citation or the speech to come up. The quotes are enough. They hope to cash in on 40 years of training and incentives for ignorance. But there are not enough ignorant folk to create a majority (except in a few areas.) That means even more blatantly ignorant statements because half as many people twice as mad is the next best thing. Keep asking simple questions with contrary answers. The higher the level of dissonance in that sphere, the more likely it is to collapse. Focus on the young people--the old ones and the cheerfully ignorant ones are lost.

And read Fred--he's brilliantly persuasive on this topic (even two years ago):

http://slacktivist.typepad.com/slacktivist/20...

Ice

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