Lyle Denniston looks at a provocative comment from Associate Justice Antonin Scalia about racial entitlements, and what it means in the broader scope of constitutional and congressional history. The statements at issue:
There is “a phenomenon that is called perpetuation of racial entitlement. … Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes. … I don’t think there is anything to be gained by any senator to vote against continuation of this act.” – Supreme Court Justice Antonin Scalia, comment from the bench on February 27, discussing the history of Congress’ repeated renewal of the Voting Rights Act of 1965.
“Entitlement: the feeling or belief that you deserve to be given something (such as special privileges).” – Merriam-Webster Learner’s Dictionary, in the second-listed definition of “entitlement.”
“We are talking about the enforcement power that the Constitution gives to Congress to make these judgments to ensure protection of fundamental rights. This is a situation in which Congress is given a power which is expressly given to it to act upon the states in their sovereign capacity.” – U.S. Solicitor General Donald B. Verrilli, Jr., responding to Justice Scalia at that hearing before the court last week.
“All men are … endowed by their Creator with certain unalienable Rights.” – The opening line of the Declaration of Independence.