Over at the Volokh Conspiracy, David Bernstein flags this passage from Slate’s legal correspondent, Dahlia Lithwick. I know the media are busy falling all over themselves to show us how allegedly stupid O’Donnell is, but I’m kind of astounded that Lithwick dashed this off:

O’Donnell explained that “when I go to Washington, D.C., the litmus test by which I cast my vote for every piece of legislation that comes across my desk will be whether or not it is constitutional.” How weird is that, I thought. Isn’t it a court’s job to determine whether or not something is, in fact, constitutional? And isn’t that sort of provided for in, well, the Constitution?

Bernstein responds: “Senators swear an oath to uphold the Constitution. Of course they are obligated to determine whether a bill they are considering is constitutional. Where did Lithwick get the idea that courts, and only courts, should be concerned with the constitutionality of legislation?”

I know O’Donnell just finished her undergraduate degree a few weeks ago, but she’s already sounding smarter than elite media.