Miers, The Constitution, Election 2000 & The WSJ

[shockingelk]

I was struck by this WSJ piece ... about the interpretation of the 12th Amendment, which to me quite clearly states,

The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves

WSJ cites Harriet's argument during Election 2000,

Mr. Aufhauser, Ms. Miers's co-counsel, suggested that whatever the 12th Amendment might have meant in 1804, the provision's meaning had, in effect, evolved with modern society. "Differences between the year 1800 and 2000 is more than two centuries, it's light years," said Mr. Aufhauser, noting the "rapidity with which each of us have changed addresses from schools and college to various marriages and jobs."

That's a style of legal interpretation more commonly associated with liberal-leaning judges ...

Article: http://online.wsj.com/public/article_print/SB112864645334762361-Sj2_Gofu_kpjkW4C082xxUY4W_E_20061006.html

Two questions:
How did the WSJ cover the case in 2000?

Is Harriet a Bush Yes Woman and if so, after she's in, who's marching orders, if any, will she take? Ya can't schmooze your way up much higher than SCOTUS.

IOW, I think the far-right's "Souter Syndrome" worries may be justified.

[bluestateguy]

1. So she believes in a living, breathing constitution?

Oh dear, the Federalist Society types aern't going to like that.

[don954]

3. watch out, thats the term the fundies use for the xian bible

in order to justify things that are very sketchy in it..

[shockingelk]

4. Not believing that is assinine

The meaning intended by the Constitution is that "We the people of the United States" means "white protestant males" or at least "males".

Miers would have been laughed out of hearings 200 years ago.

She's in a catch 22: she has to claim the Constitution's meaning has evolved so as to include women in government or that her nomination is a cruel farce.

[dchill]

2. "Souter Syndrome" - Maybe...

but I suspect that like the 2000 SCOTUS decision, she would be very liberal only where it involves George W. Bush - or Dick Cheney.

[shockingelk]

5. If she's on, she's on for life

If she's a political opportunist, which seems to be the case, all that is out the window once she has a lifetime appointment.

Myself, I hope that in the long run Roberts will be a semi-good guy ... O'Connor-like.

Meirs seems a follower though ... I anticipate wether I like her or not will depend on what other justice she gloms on to.

[Neil Lisst]

6. She was the president of the Texas State Bar for God's sake!

Do you really need to know any more about her than that she (1) wanted to be president of the state bar of Texas, (2) was elected president of the State Bar, and (3) has served as a Bush bootlicker for ten years?

If she has a mind, it's not good for anything.

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