Marshall, addressing the issue at length in a 1987 speech commemorating the bicentennial of the Constitution, used the word "defective" to refer to the government devised by America's 18th century founders. In particular, Marshall discussed the Constitution's deliberate omission of equal rights for women and black slaves. That is the sentiment Steele singled out for criticism in his statement about Kagan. Source: Baltimore Sun
Here's Michael Steele's statement in its entirety:
“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.” (Source: Republican National Committee)
He could have raised his issues about her based on what level of expertise she would bring to the Supreme Court. Interjecting race in the process is dangerous and could backfire. It takes a lot of nerve for Michael Steele to attack Thurgood Marshall, in whose shoes he could never even dare to walk for a second. Had it not been Thurgood Marshall and his accomplishments -- winning several landmark cases involving human rights and freedom for all Americans, not just blacks, specifically Brown vs. Board of Education, which abolished legalized segregation in schools in this country, Michael Steele most likely would not have been even considered a serious contender for his current position. It is quite clear that he took Justice Marshall's comments out of context, in typical Michael Steele bumbling idiot style. This amounts to nothing more than a veiled attempt by the Republican National Committee to call Elena Kagan a "nigger lover."
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