CONSTITUTIONAL SCHOLAR OBAMA QUESTIONS LEGALITY OF SLAVERY BAN

This week, Barack Obama's challenge is to select a running mate who's young, hip, and whose accomplishments in life don't overshadow Obama's. Allow me to suggest Kevin Federline.

The only thing we can be sure of is that Obama will choose someone who is the polar opposite of all his advisers until now. In other words, it will be a very, very white male who was probably proud of his country even before being chosen as Obama's running mate.

Obama's got a lot of ground to make up following that performance last weekend at the Saddleback presidential forum with pastor Rick Warren.

After seeing Obama defend infanticide with the glib excuse that the question of when life begins is above his "pay-grade," Rev. Jeremiah Wright announced that although he's known Obama for 30 years, he only recently became aware of how extreme the senator's viewpoints were. Wright, after all, has his reputation to consider.

Network heads responded by dashing off an urgent memo: During the main presidential debates this fall, ask NO questions about abortion, ethics or evil! Morality isn't the Democrats' forte.

Obama's defenders spin his abominable performance in the Saddleback forum by saying he's just too smart to give a straight answer. As Rick Warren charitably described Obama's debate performance: "He likes to nuance things ... He's a constitutional attorney." The constitutional lawyer "does nuance," as Bill Maher said on "Larry King Live," "and you saw how well that goes over with the Rick Warren people."

If that's Obama's excuse, he ought to know a few basics about the Constitution.

Did the big constitutional lawyer whose "nuance" is too sophisticated for Rick Warren's audience see the letter his wife sent out on his behalf in 2004? Michelle Obama denounced a federal law banning partial-birth abortion, writing that "this ban on a legitimate medical procedure is clearly unconstitutional." Clearly!

The Supreme Court later found the law not "unconstitutional," but "constitutional" -- which I believe may have been the precise moment when Michelle Obama realized just how ashamed she had always been of her country.

But most stunningly, when Warren asked Obama if he supported a constitutional amendment defining marriage as between a man and a woman, Obama said he did not "because historically -- because historically, we have not defined marriage in our Constitution."

I don't care if you support a marriage amendment or not. That answer is literally the stupidest thing I've ever heard anyone say. If marriage were already defined in the Constitution, we wouldn't need an amendment, no?

Say, you know what else was "historically" not defined in the Constitution? Slavery. The words "slavery" and "slave" do not appear once in the original Constitution. The framers correctly thought it would sully the freedom-enshrining document to acknowledge the repellent practice. (Much like abortion!)

But in 1865, the 13th Amendment banned slavery throughout the land, in the first constitutional phrase ever to mention "slavery": "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

On Obama's "historical" argument, they shouldn't have passed the 13th Amendment because the Constitution "historically" had not mentioned slavery. Continued...