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INTERMITTENT NOTESXML

On Racial Entitlements

AlchemistSupreme Court Justice Antonin Scalia is entirely correct: it is pretty damn difficult to get rid of racial entitlements. Too bad for him, though, that the real racial entitlements Americans should worry about are the exact opposite of what he meant. Whites — not blacks — enjoy racial entitlements, have enjoyed racial entitlements since the founding, and find the guarantee to being entitled forged irrevocably into the Constitution, albeit in passably neutral language. This problem is much, much worse than you might imagine. For an explanation, see Juan F. Perea, "Race and Constitutional Law Casebooks: Recognizing the Proslavery Constitution," Michigan Law Review [Vol. 110,1123 April 2012]. Ostensibly a book review, Perea's essay does an admirable job probing both the extent of our institutional racism and our deficiencies in recognizing it. Scalia, indeed, should be ashamed of himself... If not for his moral cowardice, for his public display of ignorance.

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Comments


Scalia is beyond shame.

Which brings to mind design flaw 6,297 in our over-rated Constitution: Life terms for guys like him. In my lifetime I believe I've seen three superannuated justices hanging in there for no better reason than the hope that the next election would bring in a president on "their team". And even if that's left aside, it beggars belief to imagine that **anyone** is as sharp at 80 as they were at 50.

Life terms **might** have made sense when 60 years was an exceptional lifespan, and society changed at a much slower pace. Today it's simply senseless. There's no reason why a term of, say, a decade couldn't give sitting justices the immunity from "the mob".

We'd do well to scrap the mysticism surrounding the Constitution, and see it for what it was: A political structure designed to ensure the primacy of the merchant class. Never forget that the Bill of Rights — the part that most Americans really value — was only added as an afterthought and a compromise.


Re: A political structure designed to ensure the primacy of the merchant class.

In this respect, it has performed admirably. It has indeed always been the case that "the business of America is business." It has morphed into "the business of America is finance."

No question that the Constitution needs a drastic overhaul — a complete re-conceptualization.

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