Ted Cruz memorized the Constitution as a teen. Who tells Alabama? Ginsburg, 85, began fumbling for her purse — which an aide then brought to her — as she then searched for a copy of the Constitution that she supposedly carries with her. Heck, I’m coming up on 60, and I’m not as sharp as I was at 20. We should not assume specific knowledge about the amendment on the part of our audience, but can help shape their understanding of the provision and its importance. Same thing. It’s already too hard to get a veteran lawyer on SCOTUS, the nomination process being what it’s become. Here’s a paper that purports to list all the Supreme Court justices who continued to sit after they were senile, decrepit or infirm, and how long they did so. The first ten are the Bill of Rights. Here’s how I remember most of them: SEventeeth Amendment — direct election of SEnators, 18th Amendment — Prohibition (many people think the drinking age should be 18), Nineteenth Amendment — women’s suffrage (not sure how to remember this one: “feminineteenth”? 2 says? It was part of Reconstruction after the Civil War. The decline in mental function in most people after the mid-60s is scary. “So you’ve written a few articles over the years about the need for the ERA … and you’ve of course noted that the ERA would give the Supreme Court a more secure handle in its support for equality,” said Jill C. Morrison, Executive Director of the Women’s Law and Public Policy Fellowship at Georgetown Law. The defining difference between Bobs and Johns is their name. Maybe 5-4. It's still very much on the books. Supreme Court Justice Ruth Bader Ginsburg forgot the contents of the 14th Amendment while speaking to the National Woman's Party in late August and needed an audience member to give her a copy of the Constitution so she could remember what it said. The defining difference between black and white people is skin color. The Due Process Clause. It’s congressional apportionment, revoking the 3/5 clause. Well to living constitutionalists, that’s only a 5-4 decision away. Wait you say the 25th amendment doesn’t apply to supreme court justices? We know the ways in which the American electorate is improving, however, and the predictable consequences of that progress. And of course she was familiar enough to bring it up as an argument. Using my archived database of Levy’s “Encyclopedia of the American Constitution” perfect memory: Section 2. So what happens? But there is no mechanism prescribed for actually carrying out this threat. Maybe 6-5. To be honest, I only remember this one because there’s a “West Wing” episode called “Twenty Five,” where Glen Allen Walken (John Goodman) temporarily becomes president after Zoe Bartlett is kidnapped. Under Section 2, Alabama should lose 2.8 Representatives. Then a member of the audience offered up their pocket-sized Constitution for Ginsburg so she could talk about what she claimed was “a problem with the 14th Amendment.”. It’s hard to contemplate equality of the sexes when the sexes are not equal. It raises interesting issues, but not the gotcha issues which the Daily Wire thinks it found – sad state of political discourse, etc. Comments do not represent the views of Reason.com or Reason Foundation. Forgetful or not, she’ll be going pretty soon. She just didn’t remember the precise text — unsurprising, given that it comes up pretty rarely (much more rarely than section 1 of the Fourteenth Amendment). 26th Amendment — lowers the voting age to 18. Ginsburg and Scalia seem to have gotten along fine, while each thought the other’s jurisprudence was a horror show. Quick—Do You Remember the Text of Section 2 of the Fourteenth Amendment? The winners are William Cushing (14 years) and Henry Baldwin (12 years). The amendments since the Fifteenth are hard to keep straight. Ginsburg’s point was that the ERA is still needed, since Section 2 demonstrates that the 14th Amendment did not contemplate complete equality of the sexes. Whether you call it collegiality, loving one’s enemies, or “sharing common interests” (if different conclusions), their relationship didn’t turn them into squishes, pulling punches and subjecting the country to a least-common-denominator, watered-down “consensus” jurisprudence.
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