Uncivil Discourse

Because civility is overrated.

Tuesday, June 28, 2005

Antonin Scalia and Clarence Thomas, Butt Buddies

Ok, so I decided to post on this today instead of tomorrow. Yesterday, as I'm sure you all know, the Supreme Court ruled on the sideshow Ten Commandments cases, McCreary County v. ACLU and van Orden v. Perry. In the course of his concurring opinion in the latter, that shining beacon of hope for all black men Uncle Thomas, wrote

This case would be easy if the Court were willing to abandon the inconsistent guideposts it has adopted for addressing Establishment Clause challenges, and return to the original meaning of the Clause. I have previously suggested that the Clause's text and history "resis[t] incorporation" against the States...

Even if the Clause is incorporated, or if the Free Exercise Clause limits the power of States to establish religions...our task would be far simpler if we returned to the original meaning of the word establishment than it is under the various approaches this Court now uses.
But what is the original meaning of the word "establishment"? Clarence Thomas feels it involves coercion or force, and in his dissent in McCreary County, Antonin Scalia agrees. In fact, not only does Scalia agree, he even thinks the Founders had no desire to see government neutrality in religion, citing Thomas Jefferson, whom as we all know was a flaming fundie who would've made James Dobson proud, among others.

Of course, we know Thomas Jefferson vigorously detested Christianity as a religious system, even trying to extract the moral teachings of the Bible from its supernatural aspects. Oh, how Big Tommy fucking loathed the Christianity of his age, and particularly those Calvinist fucks. Yet Antonin Scalia would, of course, have us believe that this man, and George Washington, of whom his own pastor said, "Sir, Washington was a Deist!", wanted the government to get all messed up in the religious game.

What a fucking circus, with the Ten Commandments the goddamned sideshow. Kentucky was especially bad; the imbeciles in charge of the county put up the Commandments with a proclamation declaring 1983 the "Year of the Bible," compliments of the decaying corpse of Ronald Reagan, and other documents with religious phrases emphasized, then changed it to pair the Commandments with a number of historical documents, trying to put them all on the same foot (and if Indiana Jones hasn't come back yet with the Ark, how is this a coherent thought?), and finally they claimed their true purpose in posting the Commandments was unknowable. And sure, I've heard from people, "Aren't there more important things to worry about now?" And the answer is, "No." Because if we let up for a second and let these fuckers put the Ten Commandments up there with the Declaration of Independence, the Magna Carta, and the damned Constitution itself, the First Amendment may as well be used as the piece of toilet paper Thomas and Scalia already use the whole damned thing for.

Cause, see, supposed we actually had some way of knowing precisely what each of the Founders wanted each phrase in the Constitution to be. What do we do then? Do we side with Jefferson or Hamilton? Madison or Mason? George Clinton (no, not P-Funk) or John Jay? The entire cacophany of voices would be enough to drive Scalia and Thomas, as well as those other originalist fucks, stark raving mad. Which makes me think we should figure out how to do this shit.

It's not a bad thing that we interpret the Constitution differently over time. Sure, the 13th, 14th, and 15th Amendments set aside the idea thfrom at Clarence Thomas is worth 3/5th of Antonin Scalia (not that they stopped him singing and dancing for him), but it didn't take an amendment to go from Plessy v. Ferguson to Brown v. Board of Education. Shit happens, society and justices change. So fuck originalism.

And for the love of God, somebody fuck Antonin Scalia and Clarence Thomas other than Antonin Scalia and Clarence Thomas. That little circlejerk needs to end before somebody, meaning all of our poor little asses, get hurt. Oh, and William Rehnquist? Your zombie ass can't play, either.