Selective Originalism?

The XX Factor
What Women Really Think
Sept. 10 2009 3:36 PM

Selective Originalism?

Emily , Justice Scalia made a lot of hay in yesterday’s campaign finance case out of the fact that when it came to regulating campaign contributions by corporations, "Congress has a self-interest," and would have necessarily crafted rules to favor incumbents. I was trying to figure out why that felt so very déjà-vu-ish to me until a reader wrote in to remind me that Scalia made precisely the same point last spring in the Voting Rights Act case . At that oral argument, he urged that the judgment of Congress was not to be trusted with respect to its overwhelming vote to reauthorize the Voting Rights Act, because, as he said, "They get elected under this system. Why should they take it away?" It’s starting to be something of a theme for Justice Scalia-at least with respect to elections-Congress cannot be trusted to do anything because it’s too crippled by self-interest. But it does sort of leave one wondering what Justice Scalia would trust the Congress to do. And whether that whole Article I thing doesn’t seem to move him as much as it might.

Dahlia Lithwick writes about the courts and the law for Slate. Follow her on Twitter.

TODAY IN SLATE

The World

The Budget Disaster that Sabotaged the WHO’s Response to Ebola

How Movies Like Contagion and Outbreak Distort Our Response to Real Epidemics

PowerPoint Is the Worst, and Now It’s the Latest Way to Hack Into Your Computer

Everything You Should Know About Today’s Eclipse

An Unscientific Ranking of Really, Really Old German Beers

Education

Welcome to 13th Grade!

Some high schools are offering a fifth year. That’s a great idea.

Culturebox

The Actual World

“Mount Thoreau” and the naming of things in the wilderness.

Want Kids to Delay Sex? Let Planned Parenthood Teach Them Sex Ed.

Can Democratic Sen. Mary Landrieu Pull Off One More Louisiana Miracle?

  News & Politics
Politics
Oct. 22 2014 9:42 PM Landslide Landrieu Can the Louisiana Democrat use the powers of incumbency to save herself one more time?
  Business
Moneybox
Oct. 23 2014 11:51 AM It Seems No One Is Rich or Happy: I Looked
  Life
The Eye
Oct. 23 2014 12:48 PM Track Your Bag and Charge Your Phone With This Carry-On Smart Suitcase
  Double X
The XX Factor
Oct. 23 2014 11:33 AM Watch Little Princesses Curse for the Feminist Cause
  Slate Plus
Working
Oct. 23 2014 11:28 AM Slate’s Working Podcast: Episode 2 Transcript Read what David Plotz asked Dr. Meri Kolbrener about her workday.
  Arts
Brow Beat
Oct. 23 2014 12:01 PM Who Is Constantine, and Should You Watch His New Show?
  Technology
Technology
Oct. 23 2014 11:45 AM The United States of Reddit  How social media is redrawing our borders. 
  Health & Science
Bad Astronomy
Oct. 23 2014 7:30 AM Our Solar System and Galaxy … Seen by an Astronaut
  Sports
Sports Nut
Oct. 20 2014 5:09 PM Keepaway, on Three. Ready—Break! On his record-breaking touchdown pass, Peyton Manning couldn’t even leave the celebration to chance.