Affirmative Action and Textualism

some fun discussions going on over at Balkinization regarding the upcoming affirmative action case; but more specifically, about Scalia's understanding of textualism. give a read if interested in original intent, textual, living constitution, ET AL discussions regarding the constitution. Here's a taste: "So we return to the question that a textualist (or more correctly, an original meaning textualist) like Scalia would ask: Were the words of the Fourteenth Amendment fairly understood at the time of their adoption to prohibit democratically elected legislatures from race conscious remedial relief? The answer is quite clearly no. The best evidence of this understanding is what the Congress that passed the Fourteenth Amendment actually did, not what their secret intentions were. They passed a whole slew of relief acts for "colored" people, both former slaves and free blacks. Many of those concerned special educational benefits for blacks." mmm...now go see Balkin's site.