Of all of the Republican-manufactured controversies during the Obama
presidency, a less-remembered episode may be the most telling of all.
Unable to prevent three-fifths of the Senate from voting to confirm Elena Kagan
as the newest Supreme Court justice, Republicans in May 2010 denounced
Obama's nominee—for declaring that the Founding Fathers' three-fifths of
a person standard for counting African-American slaves was a "defect"
in the U.S. Constitution.
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