Comments on: Law Bleg

By: David Schraub

David Schraub — Sat, 08 Dec 2007 05:23:06 +0000

I’m going to ignore the groundless preface to that comment and instead take issue with the conclusion, since I am no way asking anyone to prove a negative. “Proving a negative” would be asking someone to show that there was no evidence, anywhere, by anyone, that the 14th amendment to the constitution was meant to be interpreted as “color-blind.” I’m putting forward a positive request — show me some evidence, somewhere, that the 14th amendment was originally meant to be interpreted the way proponents of the color-blind approach say it should be. In theory, that’d be a simple request — if such an intent existed. And it’s the exact opposite of proving a negative.

That you somehow saw this as an example of “proving a negative” merely shows that you’re a moron as well as a troll.

By: DLS

DLS — Sat, 08 Dec 2007 00:08:47 +0000

What is being sought is (non-existent) support for reverse discrimination (”affirmative action”) by demanding opponents (who have morality as well as truth on their side) prove a negative. This fails.

By: pacatrue

pacatrue — Fri, 07 Dec 2007 20:14:53 +0000

After reading Somebody’s comment, I went to check when the 14th was passed to make sure I wasn’t remembering incorrectly. According to wilkipedia, the 14th was proposed in 1866 and ratified in 1868, so there were no longer slaves and the Articles were 70 years gone. However, I agree with what he stated regarding the Constitution itself.

By: Somebody

Somebody — Fri, 07 Dec 2007 14:04:04 +0000

The nation was full of slaves during this time.

The Articles of Confederation were working but not very well and the fledgling nation needed something better.

Essentially the states, particularly those of the south, offered to join a nation as long as the states rights were protected which most certainly would include slavery as an institution.

This is why you have almost no evidence that the 14th amendment was meant to be colorblind. Because it was not. The GREAT founders were pragmatists also.