As reported in today's
SF Chronicle:
"Sen. Edward Kennedy, D-Mass., pressed the issue of presidential power, citing Alito's statement in his 1985 Justice Department job application that 'I believe very strongly in the supremacy of the elected branches of government,' which appeared to elevate the president and Congress above the courts.
"'That's a very inapt phrase,' Alito conceded. 'I certainly didn't mean that literally at the time and I wouldn't say so today. The branches of government are equal,' although the president and Congress are primarily responsible for making national policy, he said. "
***
Maybe he meant "branches" figuratively. Or maybe he meant "I believe very strongly" in the metaphorical sense.
"Supremacy" derives from the Latin "super," meaning "over." Or "supremus," the superlative of "superus," meaning "upper." Same root as that of "superior." I'm still looking for other, less literal, uses of "supremacy," but I'm not finding any. At. All.
When he says no one is "above" the law, is he speaking literally?
I'd like to take this opportunity to point out self righteously that if everyone were as persnickety about such things as I (and if Democrats had spines), Alito would not have gotten away with this ridiculous cop out. This is an example of the importance of insisting on precision in language, especially from those in power and who define the parameters of national and cultural rhetoric. Why did no one follow up by saying, "Judge Alito, what do you mean you did not mean it literally? To which phrase do you refer, and what was the non-literal sense in which you meant it? Did you inform your prospective employer at the time that you did not mean those words literally? Are there other things you are telling us today that you do not mean literally?"
Alito clearly drafted the statement on his job application to convey that he thought the elected branches were/should be more powerful than the courts. If he didn't really mean it, he lied to the Justice Department. He basically told the world today that he was either lying then or is lying now. He admitted he's a liar. But because as a society we don't care what words mean (among other things), he gets away with it.
I guess when Alito ruled that women should inform their husbands before obtaining abortions he meant "inform" in the figurative sense of the word.
For a further example of Alito's trouble with literal meaning, check out his dissent in
Doe v. Groody, in which he condoned the strip search of a 10 year old girl without an authorizing warrant.
Take a break from reading people's blogs and
do something.