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Whoopie Goldberg: Constitutional Scholar
American Vision ^ | 09/15/08 | Gary DeMar

Posted on 09/15/2008 7:23:57 AM PDT by topcat54

While appearing on the September 12, 2008 episode of “The View,” John McCain was asked about his opposition to the 1973 Roe v. Wade abortion decision. The question relates to the type of judges he would nominate to the Supreme Court. McCain insisted that he would support judges who took a strict constructionist view of the Constitution whereby they would interpret it in light of its founding principles. Showing her ignorance, Whoopi Goldberg (Caryn Elaine Johnson) then asked, “Do I have to worry about becoming a slave again?” (read the exchange here).

First, Goldberg was never a slave. Second, the original Constitution does not mention slavery. The words “slave,” “slavery,” and “involuntary servitude” were not added to the Constitution until after the War Between the States in Amendments XIII (1865) and XIV (1868). Third, if there is need for a change in the Constitution, it makes provision by an amendment process (Article 5) which is part of a “strict constructionist” view. This was not done with abortion. Seven of nine unelected judges sanctioned the killing of pre-born babies by judicial fiat. So even if the Constitution did officially sanction slavery, the above amendments now prohibit the practice. Fourth, not every Black person in antebellum America was a slave.

Goldberg and others get away with constitutional misinformation because the American public is generally ignorant about the Constitution. This can best be seen when an appeal is made to the “three-fifths clause” of Article 1, section 2 as empirical evidence that our founding document was racist by definition. It reads as follow:

Representatives and direct Taxes shall be Apportioned among the several States which may be included within this Union, according to their respective Numbers which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

This is often interpreted to mean that the Constitution classified black people as only three-fifths of a human being.

Contrary to what millions believe, the “three-fifths clause” is a clear indication that a number of our constitutional founders wanted to end slavery constitutionally. The clause was not designed to make a statement about personhood. The logic behind the clause is compromise. The Northern states did not want to count slaves, whereas the Southern states hoped to include slaves in the population statistics so as to acquire additional representation in Congress. The compromise was to count non-citizens as “three-fifths” of a person for representation purposes. Keep in mind that representation in the states is based on population. This is why Virginia (11) has more representatives that Rhode Island (2).

The goal of the Northern delegates, at least on this issue, was to dilute Southern voting strength so as to outlaw slavery by constitutional means. “The struggle that took place in the convention was between the Southern delegates trying to strengthen the constitutional supports for slavery and the Northern delegates trying to weaken them.”1 If none of the slaves had been included in the population count for representation, as Northern delegates wanted, the slave states would have had only 41 percent of the seats in the House. If all the slaves had been counted, as Southerners wanted, the slave states would have had 50 percent of the seats. By agreeing to count “all other persons” (slaves) as three-fifths of a person for representation purposes, the Southern slaveholding states ended up with a minority voting position—47 percent. Robert L. Goldwin concludes:

[T]he point is that the “three-fifths clause” had nothing at all to do with measuring the human worth of blacks. Northern delegates did not want black slaves included, not because they thought them unworthy of being counted, but because they wanted to weaken the slaveholding power in Congress. Southern delegates wanted every slave to count “equally with the Whites,” not because they wanted to proclaim that black slaves were human beings on an equal footing with free white persons, but because they wanted to increase the pro-slavery voting power in Congress. The humanity of blacks was not the subject of the three-fifths clause; voting power in Congress was the subject.2

Distorting the facts of history is reprehensible. Americans are being made to feel guilty for the actions of men taken hundreds of years ago. Much of the guilt is built upon misinformation. The founders were not perfect. But never let it be said that they did not struggle with the ethical dilemmas of their day.

It’s rather appalling that Goldberg, a black woman, can support abortion on demand with such vigor when other blacks have described the bloody business as “black genocide” (also see here and here). She can get away with spouting off her ignorance because her audience is ignorant.


1. Robert A. Goldwin, “Why Blacks, Women & Jews Are Not Mentioned in the Constitution,” Commentary (May 1987), 29.

2. Goldwin, “Why Blacks, Women & Jews Are Not Mentioned in the Constitution,” 30.


Gary DeMar is the President of American Vision.
Permission to reprint granted by American Vision, P.O. Box 220, Powder Springs, GA 30127, 800-628-9460.


TOPICS: Politics/Elections
KEYWORDS: celebritypolitics; mccainpalin
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1 posted on 09/15/2008 7:23:58 AM PDT by topcat54
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To: topcat54

She only smart when someone writes her lines.


2 posted on 09/15/2008 7:24:51 AM PDT by bmwcyle (Vote McWhatshisname and PALIN)
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To: topcat54

whoopie goldberg, is a former welfare recipient. and without affirmative action, she’d still be there. Sorry to be so harsh, but I’m really getting fed up.


3 posted on 09/15/2008 7:26:13 AM PDT by television is just wrong (The Democrats have lost cabin pressure and the oxygen masks have dropped.)
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To: topcat54

She really looks like a pit bull


4 posted on 09/15/2008 7:27:58 AM PDT by forYourChildrenVote4Bush (Today, July 16th I no longer donate money for Israel)
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To: topcat54

“Do I have to worry about becoming a slave again?...First, Goldberg was never a slave”

Hold on, Whoopi didn’t imply she was a slave. She might be saying that, in the past, she’s worried about becoming a slave. You don’t have any right to deprive Whoopi of her historical worries.

By the way, did anyone else think she was funny in Jumping Jack Flash? Funny looking, I mean! (But seriously, I liked that movie when I was a kid)


5 posted on 09/15/2008 7:27:58 AM PDT by Tublecane
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To: television is just wrong

indeed my friend!
And aren’t we the party that ended slavery?


6 posted on 09/15/2008 7:27:59 AM PDT by MeekMom (Come on Cubbies!)
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To: topcat54

Whoopie is a slave to her own idiocy.


7 posted on 09/15/2008 7:28:51 AM PDT by anniegetyourgun
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To: television is just wrong

whoopie goldberg=Just another hollywood hubcap.


8 posted on 09/15/2008 7:29:03 AM PDT by Vaduz (and just think how clean the cities would become again.)
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To: television is just wrong

whoopie goldberg=Just another hollywood hubcap.


9 posted on 09/15/2008 7:29:19 AM PDT by Vaduz (and just think how clean the cities would become again.)
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To: topcat54

I know McCain couldn’t answer her in a flippant way, but IF HE COULD it would have nice to hear him say, “Whoopi, I’ve actually BEEN chained up and beaten. HAVE YOU?”


10 posted on 09/15/2008 7:30:14 AM PDT by al baby (Hi mom I know McCain couldnÂ’t answer her in a flippant way, but IF HE COULD it would have nice to)
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To: topcat54

I might add that creating the federal government probably aided the continuance of slavery via enforcement of the fugitive slave laws in the North. However, the point stands, according to strict constructionism, McCain would have to appoint justices who swore to abide by the ammendment banning slavery.


11 posted on 09/15/2008 7:31:08 AM PDT by Tublecane
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To: Tublecane
Jumping Jack Flash

The scene when she is dancing around in her huge slippers trying to figure out what Mick Jagger is "singing" is hysterical!
12 posted on 09/15/2008 7:31:25 AM PDT by ninergold3 (Christ would not vote for Barack Obama...Alan Keyes)
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To: al baby

lol, someone should ask her that. does she have a fan website?


13 posted on 09/15/2008 7:31:25 AM PDT by television is just wrong (The Democrats have lost cabin pressure and the oxygen masks have dropped.)
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To: topcat54

Whoopi Goldberg is actually a gay man.


14 posted on 09/15/2008 7:32:19 AM PDT by anton
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To: al baby

Yes, slavery will be reinstated and those pesky equal pay for equal work laws will return women to second class status. These people really believe this.

That paragon of virtue, Sen McCaskill, actually said yesterday the GOP team opposes equal pay for equal work. So I guess these laws that have been on the books for *decades* do not apply?? Any way they can keep victimhood alive, they will. Damn them for the damage they do to this country.


15 posted on 09/15/2008 7:32:41 AM PDT by TNCMAXQ
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To: television is just wrong

“whoopie goldberg, is a former welfare recipient. and without affirmative action, she’d still be there. Sorry to be so harsh, but I’m really getting fed up.”

I’m no fan of Goldberg or affirmitive action. When it comes to welfare, if it’s not abused, it can be a good thing. If Goldberg ascended to where she is based on a hand from welfare, then it worked as intended.
I know of 2 people who were helped by welfare in such a way as to launch them into becoming stand up, contributing members to society. Incidentally, one of the welfare programs was killed by abuse of the program by participants, (surprise).


16 posted on 09/15/2008 7:33:12 AM PDT by brownsfan (Algore makes P.T. Barnum look like a piker.)
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To: Tublecane

She very well could be a “constitutional lawyer”, given her obvious “understanding” of the Constitution.

“Constitutional Law” is about what the judiciary says about the constitution, not about what it actually says.


17 posted on 09/15/2008 7:33:26 AM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: anton

LOL!!!
(dare I ask; is that news to Ted Dansen?)


18 posted on 09/15/2008 7:34:07 AM PDT by MeekMom (Come on Cubbies!)
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To: television is just wrong

Whoopi Goldberg is an idiot. But to say that she wouldn’t be anywhere but on welfare without affirmative action is ludicrous. Her story is an American story of someone who pulled themselves up from nothing to become successful. That shouldn’t be dismissed as affirmative action.

It is unfortunate that she became an ignorant, bloviating, loudmouth when she got there, but someone who used their talents to better their life isn’t something we should look down upon.


19 posted on 09/15/2008 7:34:18 AM PDT by perfect_rovian_storm (Palin 2008 (oh yeah, and McCain too))
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To: al baby

That, my friend is a good one.


20 posted on 09/15/2008 7:34:59 AM PDT by waxer1 ( What is the difference between a pitbull and a hockey mom? lipstick-Gov Palin)
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