Syllogistic logic

If the 14th Amendment guarantees due process and equal protection to every “person,” and if Antonin Scalia denies that it forbids discrimination against women, then …

The Fourteenth Amendment forbids any state to deprive any “person” of the equal protection of the laws.

Antonin Scalia believe that the Fourteenth Amendment does not forbid discrimination against women.

Therefore, Antonin Scalia does not believe that women are persons.

Discuss.

Author: Mark Kleiman

Professor of Public Policy at the NYU Marron Institute for Urban Management and editor of the Journal of Drug Policy Analysis. Teaches about the methods of policy analysis about drug abuse control and crime control policy, working out the implications of two principles: that swift and certain sanctions don't have to be severe to be effective, and that well-designed threats usually don't have to be carried out. Books: Drugs and Drug Policy: What Everyone Needs to Know (with Jonathan Caulkins and Angela Hawken) When Brute Force Fails: How to Have Less Crime and Less Punishment (Princeton, 2009; named one of the "books of the year" by The Economist Against Excess: Drug Policy for Results (Basic, 1993) Marijuana: Costs of Abuse, Costs of Control (Greenwood, 1989) UCLA Homepage Curriculum Vitae Contact: Markarkleiman-at-gmail.com

55 thoughts on “Syllogistic logic”

  1. How do you critics apply your interpretation of "people" to this?…

    "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

    "Keep" means more than "own", as is clear from statutes restricting the "keeping" of livestock in residential neighborhoods. "Bear" means carry.

    Article I section 8

    "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;…"

    A letter or marque is a letter fron a government authorizing the owner of a warship to make war in the name of that government. It makes the difference between a privateer and a pirate. Sir Frances Drake operated under a letter of marque from the British government, for example. Full auto? Hell, the people who wrote the Constitution expected private citizens (or. more likely, corporations) to own warships.

    I guess we have established that there is a lot of slop in normal English usage and that writing instructions is difficult. Just try writing out how to tie your shoes.

    How do you critics reconcile this…

    "1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

    2. Congress shall have power to enforce this article by appropriate legislation."

    …with statutes which compel people aged 6-18 to work, unpaid, as window-dressing in the massive make-work program for dues-paying members of the NEA/AFT/AFSCME cartel that we call "the public school system"?

  2. Bloix — Legal reasoning fail, I'm afraid. People with mental illness or severe retardation do have the right to "enter contracts [and] control their own property, make wills [and] do many other things." Try law school.

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