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Articles Archive for 28 October 2009

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[28 Oct 2009 | Comments | ]
The Constitution, Scalia and the Myth of Originalism

There was quite a dust up on the liberal interwebs yesterday when it was wrongly reported that Supreme Court Justice Antonin Scalia had declared he would have dissented in the landmark ‘Brown vs Board of Education’ case. As you may know the ‘Brown vs Board of Education’ decision was unanimous and it ended government sanctioned ’separate but equal’.
In truth, Scalia stated that he would have dissented from the majority in ‘Plessy v Ferguson’. ‘Plessy v Ferguson’ opened the way for Jim Crow and the institutionalization and reinforcement of racist …