Namely, that it matters. I don't know much about O'Donnell, but she recently made this very sensible promise:

“when I go to Washington, D.C., the litmus test by which I cast my vote for every piece of legislation that comes across my desk will be whether or not it is constitutional.”

Writing in Slate, Dahlia Litwick comments: "How weird is that, I thought. Isn’t it a court’s job to determine whether or not something is, in fact, constitutional? And isn’t that sort of provided for in, well, the Constitution?"

Dahlia is a charming person and writer, but she seems to have taken up permanent residence in that liberal horror film "Night of the Living Constitution." Of course there's nothing the slightest bit weird about O'Donnell's statement: senators take an oath to uphold the constitution. They are duty bound to satisfy themselves that legislation is constitutional. I could go on like this for hours, but I couldn't improve upon this smackdown over at Volokh.

This appears to be the full blossoming of O'Donnell derangment syndrome. She said it? It must be "weird."

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Scott Reusser
Joined
May '10
Scott Reusser

Well, the statement doesn't entirely make sense, since there are any number of laws that would be constitutional but still bad. But I'm pretty sure she gets that.

Pretty sure.

Kenneth
Joined
Jul '10
Kenneth

"The Constitution? Are you serious? Are you serious?"

Nancy Pelosi

"Oh, those Tea Party people would wave their little pocket Constitutions and try to tell me that you have to show that every piece of legislation is in line with the Constitution. Well, I'm just not ready to take my conservatism that far."

Senator Bob Bennett (R) Utah

Edited on Sep 23, 2010 at 7:53pm
etoiledunord
Joined
Jun '10
etoiledunord

So, if you want to change O'Donnell's adherence to the Second Amendment, as written, you actually have to amend the Constitution to modify it? That's so time-consuming.... :)

katievs
Joined
May '10
katievs

She was responding to a question about her years-ago appearance on MTV, where she argued that masturbation was immoral. She was saying, in essence, "My faith is my guide when it comes to questions of right morality; the Constitution will be my guide when it comes to questions of right governance."

Would that more of our elected officials were so sensible.

Kenneth
Joined
Jul '10
Kenneth

katievs: She was responding to a question about her years-ago appearance on MTV, where she argued that masturbation was immoral. She was saying, in essence, "My faith is my guide when it comes to questions of right morality; the Constitution will be my guide when it comes to questions of right governance."

Would that more of our elected officials were so sensible. · Sep 23 at 7:57pm

Well, we finally agree on one thing about O'Donnell.

katievs
Joined
May '10
katievs

And how idiotic and revealing that so many liberals take it for granted that anyone who thinks a thing is immoral thinks it should be illegal.

What is the matter with these people?

Edited on Sep 23, 2010 at 8:11pm
Nathaniel Wright
Joined
Aug '10
Nathaniel Wright

"How weird is that, I thought. Isn’t it a court’s job to determine whether or not something is, in fact, constitutional? And isn’t that sort of provided for in, well, the Constitution?"

I hate to burst Dahlia's bubble, but there is nothing of the sort in the Constitution. If she can find, within the Constitution itself, a single mention of Judicial Review I'd like to see that.

Hamilton discusses Judicial Review as a proper and necessary role of the Judiciary in the Federalist, but he also discusses how each branch is an interpreter of the Constitution.

I think that O'Donnell has made some weird statements, but saying she will use the Constitution as a litmus test isn't one of them.

Scott Reusser
Joined
May '10
Scott Reusser

And then she said...

"Double, double, toil and trouble

fire burn and cauldron bubble

May the libertarian in black

get off my friggin' back..."

Don't know quite what to make of that one.

Kenneth
Joined
Jul '10
Kenneth

Scott Reusser: And then she said...

"Double, double, toil and trouble

fire burn and cauldron bubble

May the libertarian in black

get off my friggin' back..."

Don't know quite what to make of that one. · Sep 23 at 8:19pm

Nobody ever asked who her date was that night....

katievs
Joined
May '10
katievs

Can you guys get serious, please?! We have a senate seat on the line here. We have in contention a committed conservative vs. a closet marxist.

Let's focus on principle and policy differences and leave the petty sniping to the other side.

Patrick Shanahan
Joined
Jul '10
Patrick Shanahan

This would be worth no more than a smirk and a scoff, except that is is emblematic of the complete ignorance of how our government is designed that covers huge swaths of people with the right to vote!

It is gross attitude ("weird!") devoid of knowledge, wisdom, subtlety or nuance. It is cocktail circuit smart set idiocy. From a "legalcorrespondent". The only extenuating circumstance I can find is that Dahlia Lithwick is Canadian.

Scott Reusser
Joined
May '10
Scott Reusser
katievs: Can you guys get serious, please?!

Well, probably not entirely. Sorry. But maybe this will cheer you up:

Question: How does Mike Castle screw in a light bulb?

Answer: He just holds it while the whole world revolves around him.

Good night.

Paul DeRocco
Joined
Aug '10
Paul DeRocco

Nathaniel Wright: I hate to burst Dahlia's bubble, but there is nothing of the sort in the Constitution. If she can find, within the Constitution itself, a single mention of Judicial Review I'd like to see that.

Hamilton discusses Judicial Review as a proper and necessary role of the Judiciary in the Federalist, but he also discusses how each branch is an interpreter of the Constitution.

Indeed, they all swear to uphold the Constitution when they take office. Uphold the Constitution, not the Supreme Court.

Kenneth
Joined
Jul '10
Kenneth
katievs: Can you guys get serious, please?! We have a senate seat on the line here.

If only O'Donnell's supporters had heeded that message before the primary.

katievs
Joined
May '10
katievs

We were serious. About knocking off a RINO and giving the voters of Delaware--for the first time in decades--a choice between a liberal and a conservative instead of between two liberals.

We were so serious about it that we thought it was worth the risk of losing the seat. I for one, still think so.

Kennedy Smith
Joined
May '10
Kennedy Smith

Well, yeesh, if you can't take a goofy witchcraft joke. All friends here. We can joke around. Not as if anything we post is going to affect the election one way or the other. Then again, Delaware only has about eight residents, so maybe...

The delightfully named Dahlia Lithwick can be a witty and engaging writrix. Back when I was posting at Slate, I even offered to bear her child. But her derangement is not O'Donnell-based. It's been coming for a while now, as this court has attacked the foundation of her belief system: judicial supremacy.

The cavalier attitude of these legislators to the Constitution is in violation of their oath. They are conditioned to think that they should pass whatever they want and dare the courts to strike it down. O'Donnell's pledge to adhere to the oath shouldn't even be remarkable, but sadly is. Score one for La Christine.

Adam Freedman
Nathaniel Wright: If she can find, within the Constitution itself, a single mention of Judicial Review I'd like to see that.

Spot on, Nathaniel. And for a Supreme Court correspondent to suggest that something is "provided for" in the Constitution when it isn't there at all is - dare I say it - weird.

As Kennedy says, Dahlia is witty and engaging. But on this one, I think she's gone off the rails.

Jeanne Patterson
Joined
May '10
Jeanne Patterson

Has anyone else noticed that our side (and I'm not referring to this just this site) has a need or tendency to temper any criticism of an individual's statement and/or stand with a generous amount of praise?

I recently wrote to Jonah Golberg at NRO as he tends to effusively praise the person he is disagreeing with, who I think in this particular instance was either Jon Stewart or Steven Colbert. To me, it often extends beyond good manners and we're all brothers-in-arms and smacks of insecurity. I never see it on the other side. Never.

Kennedy Smith
Joined
May '10
Kennedy Smith

Libs don't display much personal generosity for some reason, Jeanne. Which is why Dem ex-presidents make nuisances of themselves and Republicans are invariably gracious to their successors. Also, there's the fact that most entertainers are libs. Colbert (to whom Jonah referred) can be genuinely funny, as can Stewart. As contrasted with, say, Bill Maher or Michael Moore. If we only watched conservative entertainers, we'd have few options, what with the Rat Pack being dead.

I did withdraw the offer to bear Dahlia's child a couple of years ago, however. Enough is sufficient.

Adam Freedman

Kennedy Smith: Libs don't display much personal generosity for some reason, Jeanne. Which is why Dem ex-presidents make nuisances of themselves and Republicans are invariably gracious to their successors. Also, there's the fact that most entertainers are libs. Colbert (to whom Jonah referred) can be genuinely funny, as can Stewart. As contrasted with, say, Bill Maher or Michael Moore. If we only watched conservative entertainers, we'd have few options, what with the Rat Pack being dead.

I did withdraw the offer to bear Dahlia's child a couple of years ago, however. Enough is sufficient. · Sep 24 at 8:48am

Well said: many on the "angry left" turn every policy disagreement into a blood feud. It needn't be that way, I don't consider Dahlia part of the angry left. Dahlia and I have a number of mutual friends, and I've even met her on a few occasions. I disagree with her on substance, but I respect her sincerity and talent.

But I never offered to bear her child. In fact I'm not even sure how Kennedy ... never mind.


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