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Thursday, November 10, 2005 

Jackson v. Alito

The Reverend Jesse Jackson (uh, who actually 'reveres' this guy?) has penned a feeble attack on Judge Alito. Most of it is Jackson using Rosa Parks recent death as a political tool. This is a lot like what he has done in the past, rubbing Martin Luther King Jr's blood all over himself any chance he gets. Anything for face time with the cameras, right Jesse? On to the article...

I actually found this part incredibly interesting...
Now, on the far right of American politics, comes a new reaction proclaiming that the real Constitution has been "in exile" since the 1930s. They want to roll back not only the privacy doctrine on which women's right to choose rests, but the Warren Court's rulings and those of the Roosevelt Court also. They would return the nation to the era of the Gilded Age, when unions were outlawed as a restraint on trade, when corporate regulation was struck down as exceeding congressional power and when states' rights were exalted.
I had no idea that the Constitution in Exile idea had made it to the mainstream. Todd Zywicki from Volokh seems surprised by this too.

For those of you not as privy as Jackson to these legal buzzwords, read this short summary of the Constitution in Exile "movement." It's used mostly by liberals as a slur against originalists. I, however, have decided to embrace the term. I agree with all of the "accusations" made against the supposed followers of CIE. I believe in a strict view of federalism issues and think that the plain text of the Constitution supports me. I also think CIE is a nice way to sum up my views. It's pithy. It gets straight to the point. I'll take the slur and make it mine.

Back to Jackson's "points"...
Alito ruled that the Congress had no right to require state governments to comply with the Family and Medical Leave Act for their employees (and by implication with any act regulating their employees).
Keep repeating it. Maybe someone will believe it.

This is a judge who rejected an African-American defendant challenging a verdict by an all-white jury purged of all black jurors because of their race.
Jackson doesn't seem to understand that peremptory strikes can be made for almost any reason, as long as you aren't dumb enough to claim it's for race or sex.

Jackson's article is pretty pathetic. It's mostly racial demagoguery (his specialty) and using the names of deceased civil rights leaders to support his points (his other specialty). Nice try, Jesse. Maybe you should of rhymed the whole thing.

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