How Ruth Bader Ginsburg interpreted the Constitution

60 minutes rewind my view of the constitution particularly is quite different the framers were writing that constitution at the end of the 18th century but they were writing a document that they hoped would survive through the ages from one generation to another i would describe my view of the constitution as very much in line with justice thurgood marshall's view when the constitution was 200 years old there were celebrations across the land and justice marshall said i celebrate not the constitution that was published in 1787 but what the constitution has become over two centuries of sometimes turbulent existence of the united states i take my cue from the preamble to the constitution which reads we the people of the united states in order to form a more perfect union who were we the people in 1787 you would not be among we the people african americans would not be among the people that women weren't there african americans weren't there even white men who own no property the genius of the united states is that over now in the course of more than two centuries the notion of we the people has become ever larger so the people who were once left out like women like african americans like native americans are now part of that we the people so i see the constitution as striving for a more perfect union and the framers included particularly in the bill of rights some grandly general clauses like the equal protection of the laws no state shall deny to any person the equal protection of the laws all people are entitled to due process of law what does the equal protection clause mean today what did it mean in 1868 1868 is when those words became part of the constitution women didn't have the right to vote until many years later until 1920. so should i read the equal protection clause to say it doesn't include women they weren't thinking about the equal stature of men and women no i i read those words to say there was an ideal of equality it couldn't be achieved perfectly in their times because they were creatures of their own age but it was an idea to grow and develop from one generation to another so i am perfectly comfortable with saying yes women are part of the 14th amendment that says no state shall deny to any person the equal protection of the laws i think justice scalia would be much less comfortable recognizing that these grandly general clauses have growth potential and that has is part of what has made our country so great that we are ever more inclusive respecting the dignity of people who were once forgotten left out even deliberately the victims of discrimination

Channel: 60 Minutes

Views: 106,273

Keywords: 60 Minutes, CBS News, supreme court of the united states, united states senate, antonin scalia, ruth bader ginsburg

Id: QxZlreaXX8Y

Length: 4min 11sec (251 seconds)

Published: Sat Sep 19 2020