Kurt  Schlichter

Based upon Justice Sotomayor’s bizarre dissenting opinion in the recent Michigan affirmative action case, it seems she believes that government decisions made on the basis of race, something the Constitution expressly bars, are mandatory.

Someone has been emanating her penumbras because, to use the legal term of art, that’s Constitutional Crazy Talk.

Years ago, the liberals came up with the Political Process Doctrine. It’s the idea that if some small element of a state or local government – like a city council or a university board – is implementing policies liberals like, the people can’t use the ballot box to change things back.

It ought to be called the “Ratchet Doctrine.” You are free to make things more liberal to your bleeding heart’s content. You just can’t ever undo them. It’s right there in the Constitution. Somewhere. Maybe in the paragraph before the one that says you can have an abortion up until your fetus can drive.

Liberals like to call the Constitution a “living document.” Oh, how many activists in robes cite that mind-bogglingly misguided metaphor as they turn a foundational document into a kind of political Mad Lib where they scribble nonsense into blanks that don’t exist?

In fact, the Constitution is dead, dead as a doorknob. It has to be. Otherwise, it’s not a constitution.

The Constitution is designed not to change with the times, not to yield the ancient wisdom that flows through it to the faux-wisdom of the present. It is the foundation of our system, not something to be causally disregarded every time some politician who thinks he’s smarter than James Madison gets a bright idea.

It ensures a stable society where firm political principles keep political actors in check. This, in turn, creates legitimacy. We Americans take legitimacy for granted. Want to know what happens when you forsake legitimacy in favor of petty expedience? You end up like most of the rest of the world. Go ask a vet about how that works out – many of us have spent years in foreign lands full of mass graves cleaning up the bloody detritus of illegitimacy.

That a Supreme Court justice has such a fundamental misunderstanding of the Constitution’s purpose is alarming. She repeats the phrase “race matters” throughout her 58-page dissent, as if hackneyed clichés worthy of some third-tier MSNBC panelist constitute legal reasoning.

No, race doesn’t matter. That’s the point of our Constitution.


Kurt Schlichter

Kurt Schlichter (Twitter: @KurtSchlichter) was personally recruited to write conservative commentary by Andrew Breitbart. He is a successful Los Angeles trial lawyer, a veteran with a masters in Strategic Studies from the United States Army War College, and a former stand-up comic.