The Visible Hand

What Would Clarence Do?

Congressman Tom DeLay recently remarked:

"We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States? That's just outrageous," DeLay told Fox News Radio on Tuesday. "And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous.

A friend in DC happened to pass by the Supreme Court building earlier today & found a document outside on the pavement. Scrawled across hemp paper in ink was the following text:

Justice Thomas Concurs with the Remarks by the Honorable Mr. DeLay (R - Loonyville).

Recent historical and archival research by Randy Barnett reveals that the Framers of the Constitution did not use newfangled gadgets such as computers for researching or drafting their opinions. Our practices must reflect the history and standards of our predecessors. Use of quill & ink was the overwhelming practice at the time of the founding; use of laptops was non-existent and nowhere referenced in the Federalist Papers. It is well past time we reversed course; our Republic has endured far too many years of erroneous decisional drafting, and it is high time we return to the tools used in 1789. Of course, when we are called upon to interpret later Amendments, it is entirely fitting and proper that we adopt whatever implements as were commonly used at the time of its framing.

I think America could be in for some changes...
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