Constitution lives, breathes What law is it conservatives want to protect? What Constitution do they revere? The one that for a century held blacks, Native Americans, women and other minorities to be second-class citizens, if citizens at all? The one that protected employers of child labor in their heinous practices? Perhaps the one that tolerated lynchings or criminalized political thought?

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Yes Lindsey, elections have consequences, including those of U.S. Senators and not just Presidents. And shouldn’t the ratification of the U.S. Constitution and its amendments and the Oath to uphold it have consequences too? [This is part three in DeVine Law series on Sotomayor nomination hearings. Parts one, two and preliminary columns are here .] I speak, of course, of Sen. Lindsey Graham (R-SC) and the impending advise and consent vote on the nomination of Judge Sonia Sotomayor to be an associate justice on the Supreme Court.