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The Word - Original Spin

Stephen Colbert got his digs on Supreme Court Justice and Constitutional "originalist" Antonin Scalia in his Word segment as only he can.

You know what else is insane folks? All the special rights minorities are asking for these days. Gay Americans want the right to be married in California. Mexican Americans want the right to drive through Arizona. And Muslim Americans want the right to be Muslims.

But if we keep giving the rights, there will be fewer rights left for us. That’s just mad. Well luckily there is a way to preserve our rights and it brings us to tonight’s Word—Original Spin.

Folks, these bogus rights are being dished out by activist judges who claim the Constitution is a "living document" that's transformed every time society shifts its views on an issue, like gay rights, or how many fifths of me a black person is worth.

To them, it just magically changes, as if James Madison wrote the Constitution on an Etch A Sketch. But I say... I say a document should never change its meaning unless it's your health insurance policy and you just got sick.

Now Supreme Court and shaved walrus Antonin Scalia agrees with me on this. He's what's called a Constitutional originalist saying "I interpret (the Constitution) the say it was understood by society at the time."

I've always said a good Supreme Court Justice is a Constitutional scholar first... a time traveling mind reader second. And as an originalist Scalia argues that the idea that the Equal Protection clause of the 14th Amendment protects women’s' rights is a "modern invention" because he says in 1868 when it was written "Nobody thought it was directed against sex discrimination."

Evidentially back then women hadn't been invented yet. Plus the 14th Amendment was created to protect the rights of newly freed slaves. That's why it strictly limits equal protection under the law to "all persons born or naturalized in the United States."

So all Scalia is saying is that women aren't persons. [...]

And gays, you don't have any protections from sexual discrimination either. Back in the 1860's there were no gay people.

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24 Comments
taller ghost walt's picture

well, he and his writers. So many levels of satire and yet the points get slammed outta the park!

lost_nacf_gop's picture

What Walt Said! 5 minutes of monologue and a "mere comedian" slices up a pretentious blowhard jurist. Take note, Democrats and progressives (please?)

pissed off patricia's picture

If anyone wonders why I always say I heart Colbert, just watch this video. No one does this sort of comedy better. The irony he calls out in this piece is priceless.


Say what you mean. Mean what you say. But don't say it mean.

glogrrl's picture

I love Jon Stewart, but I adore Colbert.....but he better be careful criticizing the thin-skinned Scalia....he's liable to find a horse's head in his bed someday soon.


“The greatest evildoers are those who don’t remember because they have never given thought to the matter, and, without remembrance, nothing can hold them back,”

ysbaddaden's picture
)O(

Fellatio from horses should be an impeachable offense

Don't ya think?


Diabolus est Deus Inversus

LazyCosmos's picture

founders likely never figured that an Italian-American would be on the Supreme Court.

littlepitcher's picture

He's a puppet of the Vatican, and reflects their 8th century attitudes.

watstearns's picture

He said "That's just MATH."

Fat Belly Blues's picture

What else could you say?

ysbaddaden's picture
)O(

Diabolus est Deus Inversus

Plisko's picture
Wow

This is absolutely the best take down of the "originalist" fallacy that I think I have ever seen. It's so simple in it's logic that it makes me wonder if anyone ever bothered to debate Scalia before.

Plisko's picture

Speaking of the Citizens United ruling. . . Was treating a piece of paper like a person protected by the bill of rights something they were thinking about when they wrote the 14th amendment?

Funny how Scalia's rulings seem to involve mental and legal gymnastics revolving around his own ideology. What's that called again? There's a term for it. . . it's right on the tip of my tongue.

conservatoire's picture

The term is...

"Shitforbrainslyinghypocriticalconservativebigot"

vickif's picture

That's the best answer yet. With his views of the Constitution he should be impeached. There should be term limits for the Supremes since as they get older they get senile like Scalia, not all of them, just the repugs. Most of them shouldn't even be on the court.

Al B Tross's picture

or even "Sociopath", these days, it goes as "Conservative".

Annoyed Canuck's picture

. . . judicial activism?

ysbaddaden's picture
)O(

Living document or interpretive.


Diabolus est Deus Inversus

littlepitcher's picture

Get out the semi and the come-along so we can pull Scalia's head out of his rectum. Cousin Abe was advocating votes for women by 1850, and not too much later, presidential candidate Victoria Woodhull (antique lovers can reference "The Devil in the Guise of A Woman") was advocating total social equality and, a premature milennialist, free love/sex for women.
He needs to be accessing source documents, popular culture ephemera, and not revisionist textbooks that only Harvard or Vandy students can afford.

Handypants's picture

Gotta love the Colbert Report!


"I know that there are people who do not love their fellow
man, and I hate people like that!
" ~ Tom Lehrer (1928 - )

jzelensk's picture

since the vast majority of 14th Amendment cases since 1868 have been on behalf of corporations instead of persons, I suggest that Mr. Colbert do a follow-up on this Word comment to include that other massive constitutional inconsistency on Scalia's part. Using the 14th Am. to create and extend corprate personhood is about as activist as it gets

Truth_Critic's picture

"We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors." --Thomas Jefferson to Samuel Kercheval, 1816. ME 15:41

"Whatever be the Constitution, great care must be taken to provide a mode of amendment when experience or change of circumstances shall have manifested that any part of it is unadapted to the good of the nation. In some of our States it requires a new authority from the whole people, acting by their representatives, chosen for this express purpose, and assembled in convention. This is found too difficult for remedying the imperfections which experience develops from time to time in an organization of the first impression. A greater facility of ammendment is certainly requisite to maintain it in a course of action accommodated to the times and changes through which we are ever passing." --Thomas Jefferson to A. Coray, 1823. ME 15:488


Study the symptoms not the virus...

timsmit's picture

You missed the best joke.

Jonnan's picture

To be perfectly honest, my issue with 'Originalists' is two-fold.

A: As a concept it defenestrates the 9th amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.". Except the entire concept of Originalism is a statement that there was nothing they missed right there at the time, therefore the 9th amendment must not mean anything, because if it meant anything they would have included it, right?

B: I've met about as many 'originalists' that believe in the word for word Constitution as I have 'fundamentalists' that believe in the word for word Bible. I.E. . . None.

Oh, lots of people that believe the word for word when the words support their prejudices, but the amount of amazing scholarship that redefines words when it doesn't is amazing. Scalia has never said word one against the definition of corporations as people, or guns in careful consideration of the words "Well-Regulated Militia", or a dozen other expansions of powers and protections that he happens to like. It exactly parrallels people that believe the KJV bible is the one true version, right till you get to absolutes like "Thou shalt not Kill", when they're suddenly linguistic scholars going back to Hebrew root words and translation errors.

So, yeah, it's the same BS.

ysbaddaden's picture
)O(

I've argued for years conservatives try to adapt the usage of Soli Scriptura to the Constitution, but in scalia's case it wouldn't be the King James Version, but the Douay-Rheims or the earlier Vulgate.


Diabolus est Deus Inversus

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