Selective Originalism?

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.



Don’t Worry, Obama Isn’t Sending U.S. Troops to Fight ISIS

But the next president might. 

The Extraordinary Amicus Brief That Attempts to Explain the Wu-Tang Clan to the Supreme Court Justices

Amazon Is Officially a Gadget Company. Here Are Its Six New Devices.

The Human Need to Find Connections in Everything

It’s the source of creativity and delusions. It can harm us more than it helps us.

How Much Should You Loathe NFL Commissioner Roger Goodell?

Here are the facts.

Altered State

The Plight of the Pre-Legalization Marijuana Offender

What should happen to weed users and dealers busted before the stuff was legal?

Surprise! The Women Hired to Fix the NFL Think the NFL Is Just Great.

You Shouldn’t Spank Anyone but Your Consensual Sex Partner

Sept. 17 2014 5:10 PM The Most Awkward Scenario in Which a Man Can Hold a Door for a Woman
  News & Politics
Altered State
Sept. 17 2014 11:51 PM The Plight of the Pre-Legalization Marijuana Offender What should happen to weed users and dealers busted before the stuff was legal?
Business Insider
Sept. 17 2014 1:36 PM Nate Silver Versus Princeton Professor: Who Has the Right Models?
Sept. 17 2014 6:53 PM LGBTQ Luminaries Honored With MacArthur “Genius” Fellowships
  Double X
The XX Factor
Sept. 17 2014 6:14 PM Today in Gender Gaps: Biking
  Slate Plus
Slate Fare
Sept. 17 2014 9:37 AM Is Slate Too Liberal?  A members-only open thread.
Brow Beat
Sept. 17 2014 8:25 PM A New Song and Music Video From Angel Olsen, Indie’s Next Big Thing
Future Tense
Sept. 17 2014 9:00 PM Amazon Is Now a Gadget Company
  Health & Science
Medical Examiner
Sept. 17 2014 11:48 PM Spanking Is Great for Sex Which is why it’s grotesque for parenting.
Sports Nut
Sept. 17 2014 3:51 PM NFL Jerk Watch: Roger Goodell How much should you loathe the pro football commissioner?