If the original Constitution of the United States had not been defective, we would still have only ten amendments (aka the Bill of Rights) instead of twenty-seven. For example, we added the Reconstruction Amendments which abolished slavery (13th), established due process and equal protection (14th), and gave all men the right to vote (15th). Of course, it wasn’t until 1920 that the Nineteenth Amendment was enacted, giving women the right to vote.

And, yet, Michael Steele wants to make an issue out of Elena Kagan’s concurrence with the idea that a Constitution where women can’t vote and blacks are worth three-fifths of a person is a tad bit on the flawed side.

“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,” Steele said.

You know whose views Kagan was was endorsing? Thurgood Marshall’s. You know, the famous NCAAP lawyer who successfully argued the Brown v. Board of Education of Topeka case before the Supreme Court. Marshall went on to serve on the Supreme Court, which is certainly not something he could have done under the original Constitution.

Does Michael Steele know that he’s black?

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