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Steele Claims Kagan Supported Statement Suggesting Constitution Was 'Defective'


RNC Chairman Michael Steele

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RNC Chairman Michael Steele released the following statement today on President Obama's nomination of Solicitor General Elena Kagan to the Supreme Court, in which he claimed that Kagan supported statements suggesting the Constitution "as originally drafted and conceived" was "defective."

Here's the full text:

Over the past year, the American people have been witness to President Obama's massive expansion of the federal government into our daily lives. To assure the American people, President Obama's Supreme Court nominee, Elena Kagan, will need to demonstrate that she is committed to upholding the vision of our Founding Fathers, who wrote a Constitution meant to limit the power of government, not expand it.

The President has stated repeatedly that he wants a justice who will understand the effects of decisions on the lives of everyday Americans. But what Americans want is a justice who will stay true to the Constitution and defend the rights of all Americans, adhering to the rule of law instead of legislating from the bench. Given Kagan's opposition to allowing military recruiters access to her law school's campus, her endorsement of the liberal agenda and her support for statements suggesting that the Constitution "as originally drafted and conceived, was 'defective,'" you can expect Senate Republicans to respectfully raise serious and tough questions to ensure the American people can thoroughly and thoughtfully examine Kagan's qualifications and legal philosophy before she is confirmed to a lifetime appointment.

Comments (27) | Join the Conversation!

May 10, 2010 11:05 AM   

In honor of the Original Constitution, I'm only going to listen to 3/5ths of what Mr. Steele has to say. Wait, he's not Free. He belongs to the GOP. I'm not going to listen to him at all.

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May 10, 2010 11:29 AM    in reply to ClosetLuddite

As the lawyers say, I wasn't going to go there, but Mr Steele made it relevant.

Mr Steele needs to tell us if he thinks a consitution which enshires the 3/5ths status of Black men is without defect. For that matter, ANYONE who claims the constitution was not defective needs to answer that questions.

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May 10, 2010 12:46 PM    in reply to ClosetLuddite

Beat me to it. Only an idiot would claim that the Constitution is flawless. Thankfully Steele as the face of the modern GOP is an idiot.

Onward and upward Michael. You are 3/5ths of the way to greatness.

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May 10, 2010 11:06 AM   

Here comes the blizzard of GOP chaff.

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May 10, 2010 11:26 AM   

And we have all those Amendments to the Constitution because it was perfect... brilliant!

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May 10, 2010 11:42 AM    in reply to Vincent F

especially the perfection of both the 19th and 21st amendment!

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May 10, 2010 12:33 PM   

So I guess Mr. Steele is also against both the balanced budget AND flag burning amendments his party has repeatedly floated. Good to know.

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May 10, 2010 6:29 PM    in reply to Matt Jones

Not to mention the Anti-Gay Marriage amendment!

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mcc

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May 10, 2010 12:48 PM   

What TPM doesn't mention is that who Kagan was praising was Thurgood Marshall.

Michael Steele considers Thurgood Marshall unacceptably radical and controversial. Kinda says it all, doesn't it?

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May 10, 2010 1:13 PM   

But I thought God wrote the Constitution, so how could it be defective?

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May 10, 2010 2:12 PM    in reply to Economides

You're wrong. Sarah Palin wrote the Constitution according to the teabaggers, and they're experts on the Constitution.

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mcc

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May 10, 2010 2:30 PM    in reply to jsdc007

You're both right. Sarah Palin wrote the constitution, but it was divinely inspired.

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May 10, 2010 3:30 PM    in reply to mcc

No, actually, the Constitution was brought directly by Jesus (make sure you check out the link).

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bvd

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May 10, 2010 4:57 PM    in reply to midnight rambler

God-Jesus-Palin - what's the difference?

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May 10, 2010 2:37 PM   

And all this time I thought the reason we were supposed to oppose Elena Kagan is because she isn't Diane Wood!?!?!

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May 10, 2010 3:17 PM    in reply to ondioline

Diane Wood she isn't. thats for sure.

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May 10, 2010 4:41 PM    in reply to GillesDeleuze

Only Diane Wood is Diane Wood. And it would seem that, to some people, Diane Wood is the only name they would've supported. I wonder who tells these individuals when it is acceptable to urinate...

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May 11, 2010 10:40 AM   

Eventually someone will post something intelligent here. Maybe someone will even understand the reason the three-fifths language was included or why the Constitution is probably the greatest governing document in human history.

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May 11, 2010 12:37 PM    in reply to Thinking-Independent

I'm waiting for you to enlighten us mere mortals with your brilliance. Please tell us morons why the 3/5ths language was included and why the Constitution was probably the greatest governing document in human history. People who are not you are obviously ignorant and hate the Constitution.. or perhaps your ego is significantly more developed than your reading comprehension skills, since no one was saying that the Constitution sucked, rather that it was not perfect. Perfection doesn't require Amendments. OK, now educate us on the 3/5ths clause and the probable greatness of the Constitution, Mr. Jefferson (and I don't mean George).

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May 12, 2010 5:09 PM    in reply to Vincent F

First, let me say my choice of words was meant to elicit comment not to disparage anyone’s intellect. Since I know none of you personally you all have my apology if anyone took it as such. My comments stem more from frustration at the vitriol of comments made. The loss of civility is probably more harmful than our differing opinions. To intimate that Mr. Steele is or should be considered a slave and is less than human by referencing the 3/5ths language at all is reprehensible not to mention unproductive.

The Declaration of Independence stated …’ that all men are created equal’… many of the founders meant exactly that. They knew slavery was morally wrong and wanted it abolished. States with heavy dependence on slave labor fought in favor of counting of slaves the same as everyone else knowing that the slave owners would have strong governmental control and be able to prevent any attempt at abolition. For this reason, abolitionists in hope that they would eventually be able to end the practice agreed upon the 3/5ths compromise. Unfortunately, it took a war with a very heavy human toll to end the practice. Still I think you would be hard pressed to find any African-American that would prefer the war did not happen if it meant slavery still existed. Additionally, even though I disagree with Mr. Steele in many areas I think he is due some credit for heading the Party that fought, at least in part, to end slavery. Don’t you?

To the Constitution; reading the comments that are posted here I get the impression that many would like to see it tossed in favor of something else just because it is not perfect. However, I never stated that anyone hated it nor did I state that it was perfect. The very fact that the founders established a procedure to amend it indicates that. As to it’s efficacy I suppose you have to ask yourself if you would rather live elsewhere.

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May 11, 2010 10:43 AM   

BTW, I do agree with the sentiment that Mr. Steele has some issues.

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May 12, 2010 7:04 PM   

Thanks you for your considerate and thoughtful response. What my point boils down to is the the Constitution was a flawed document built upon a compromise that made legal the institution of slavery and practically guaranteed a civil war. 600,000 dead is kind of a big deal, don't you think? Had the framers made explicit that the slave states could retain their peculiar institution, but that future states and federal territories would not be permitted to have slavery, the document might have been better. I'm not arguing that another country has a better founding document, just that anyone stating that the Constitution is flawed has a lot of evidence to back up that assertion, and anyone stating that it is perfect has no evidence to support that nationalist claim.

As to the credit that Mr Steele deserves for heading the political party that fought to end slavery -- he deserves none. You seem historically aware enough to realize that the GOP of the 19th century and the GOP post 1963 have zero in common other than the name. The GOP gave up on civil rights for blacks (and every other non-white, non-male, non-Christian) at least 50 yrs ago.

The US Constitution was/is a great document -- but not perfect. Abraham Lincoln's GOP was a great political party, and one I would have joined had I been alive in 1860. But the GOP of the 20th and 21st centuries betrays Lincoln's most deeply-held convictions, it perpetuates racism and racial fears of the white majority, it continues to discriminate against women and homosexuals, it attempts to delegitimize any Muslim or Hispanic as a potential loyal US citizen, etc. Why anyone would seek to give Michael Steele credit for leading today's GOP based upon Abraham Lincoln's actions does not make sense to me.

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May 12, 2010 9:53 PM    in reply to Vincent F

Vincent F, you are quite welcome and I am happy to have a discussion with you. I also hope you’ve accepted my apology.

As to the Constitution being ‘…a flawed document built upon a compromise…’ is there ANY political decision made where there has been no compromise (besides in a fascist/dictatorship style government)? With regard to the Constitution, I posit that ‘flawed’ is a poor choice of a verb. Perhaps ‘incomplete’ would be better and the amendments process was the foresight of the framers knowing they were incapable of addressing all of the problems or situations that would develop years in the future. The intent being that if a law is not explicitly mentioned in the Constitution it is NOT constitutional unless amended. One major hot button subject would be abortion. Show me the word (or allusion to this subject) within the text. I don’t believe it’s there. This doesn’t mean the procedure SHOULD be illegal only that it should be decided individually State by the State.

600,000 dead a big deal? I hope that was a rhetorical question. If it takes anyone longer then the time to read or hear that statement and answer ‘Hell yes it is’ has some problems that I doubt anyone here has the credentials to assist them with. Certainly not I.

As to your comment “The GOP gave up on civil rights for blacks (and every other non-white, non-male, non-Christian) at least 50 yrs ago.” I disagree. That’s a pretty broad brush stroke. I would point out there were individuals in both parties wanting to maintain slavery. However, the vote break down was: For the Senate; Democrat Party: 46-21 (69%-31%) and Republican Party: 27-6 (82%-18%). For the House; Democrat Party: 153-91(63%-37%), Republican Party: 136-35 (80%-20%). This was 1964. Even Lyndon Johnson praised Republicans and made a statement that civil rights would never have passed without Republican support. I would think the percentages would have been reversed for the Republicans had they indeed given up or were apathetic towards civil rights.

My personal opinion on ‘…slave states could retain their peculiar institution, but that future states and federal territories would not be permitted to have slavery…’ would have ensured non-ratification of the “incomplete” Constitution since subsequent adding of States would have diluted the slave States political power. Not to mention that a statement like that could be misconstrued as endorsement for slavery even if in a limited capacity. That aside, assuming it did pass with that language which, would have also been a compromise, we could still have “legal” slavery today. I think that would have a larger blemish on the USA than the fact that we allowed slavery to exist at all. As it is, can anyone argue that we were not willing to pay a large price to end something that most knew was wrong? It is documented that many owners treated their slaves quite well. Many, I’m sure, did that to keep their “stock” healthy but I think many also did so because they knew that releasing their slaves was potentially a death sentence as they had to make their way to a Free State with little or no support. Many slaves choose to remain with their owners instead of attempting the trek to a Free State.

I further disagree with your statement (paraphrased) that ‘…republicans perpetuate racism and racial fears of the white majority, it continues to discriminate against women and homosexuals, it attempts to delegitimize any Muslim or Hispanic as a potential loyal US citizen…’ What evidence do you feel supports this view? Mind you I am looking for systemic evidence, not individuals that make stupid or ill advised comments. We could go back-and-forth with those jibes forever.

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May 14, 2010 2:23 AM    in reply to Thinking-Independent

Thinking-Independent: Apology accepted, but it was not necessary -- all in good fun. The Constitution is great, just not perfect. I have to deduct points for not settling the slavery issue, not allowing for direct election of Senators, the Electoral College, and the restriction of the franchise to white land-owning males. Easy for me to say in the 21st century, of course.
Of course the GOP contributed votes for the passage of landmark Civil Rights legislation in the mid 1960s. That is a historical fact of which the GOP should be proud. It's also historical fact that the GOP immediately began to appeal to angry white Southerners and welcomed segregationalist Democrats (such as Strom Thurmond) into the GOP. Nixon's Southern Strategy employed the now classic GOP code words of state's rights, activist judges, special rights, and Reagan added Welfare Queen to the political lexicon. The GOP, in short, did not follow through on its support for equal rights for African-Americans, but flat out repudiated those votes, those Congresspersons who supported Civil Rights, and turned the Party over to Goldwater, Reagan, and Nixon -- none of whom were fans of civil rights. So I accept the fact that the GOP helped pass Civil Rights, and refine my earlier comment to state that the GOP has given up on civil rights for 45 yrs.
As far as evidence that the GOP fosters racial fears, etc... I don't have time to submit a master's thesis on the topic. I believe that anyone who has been aware of the politics and political campaigns in this country since 1964 would not dispute that the Democratic party has reached out to blacks, women, Latinos, homosexuals, while the GOP has consistently opposed policies favored by those groups. Women vote Democratic by a stable margin, Latinos vote Democratic, Blacks vote overwhelmingly Democratic, I'd venture to guess that gays vote Democratic, and white men, particularly Southern white men, vote overwhelmingly Republican. Either all of these groups of people are incredibly stupid or historically ignorant, or perhaps they actually have a good idea as to who is on their side. Voting patterns over 40 years should be systemic enough, right?

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May 12, 2010 7:09 PM   

I'm waiting for you to enlighten us mere mortals with your brilliance. Please tell us morons why the 3/5ths language was included and why the Constitution was probably the greatest governing document in human history. People who are not you are obviously ignorant and hate the Constitution.. or perhaps your ego is significantly more developed than your reading comprehension skills, since no one was saying that the Constitution sucked, rather that it was not perfect. Perfection doesn't require Amendments. OK, now educate us on the 3/5ths clause and the probable greatness of the Constitution, Mr. Jefferson (and I don't mean George).

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May 12, 2010 10:03 PM   

@Tosh, Did you repost Vincent F's post before I replied? Or did you have further comments of questions?

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May 13, 2010 7:38 AM   

oh sorry lol. i was trying to add my comment too and i forgot. i was just going to state that you were both right and that no one should be listening to what steele has to say

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