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First off it isn't only Southern States that are covered by Section 5 of the VRA.
Either the Federal Government has the power to require preclearance or they don't. If they have the power then it is up to Congress to renew the exercise of that power or not. Currently I believe it is set to expire in 2032. The Act was last renewed in 2006. So it may have started 50 years ago, but Congress just renewed it recently
The Supreme Court should not step in and declare that the Congress shouldn't have renewed it. Whether or not the Supreme Court believes the Act is still required is immaterial, that is not up to the Supreme Court.
The Supreme Court can declare that the U.S Constitution does not grant Congress or Federal Government the powers contained in the Act.
That is the whole point of Scalia quote, that just because congress passes it doesn't make it valid. He said that congress will pass it in perpituity because it would make them look bad to be voting against civil rights. That is why the court is ultimately deciding if it is constitutional or not.
The problem with his logic is that either Congress has the power to enforce section 5 of the voting rights act or it doesn't. If it doesn't then the law is unconstitutional and should be overturned. In fifty years it has not been ruled unconstitutional. A Justice who complains about judicial activism shouldn't be overturning a law dutifully passed by congress unless it is unconstitutional, even if he doesn't like the fact that congress continues to renew it.
Agree with the bolded. I don't think those that want this type of activism will get the outcome they desire.
This is the era of big business and big government.
Look at the Citizen's United case, the court ruling in favor of the individual mandate and Obamacare.
I suspect that whatever the final ruling will be, I doubt this court will transfer power from the feds to the states.
Also this will not help American right wingers with their demographic issues.
Given the history, remote and recent, and given the risks involved, why would anyone want to get rid of section 5? It's simple: either risk a state having to ask permission to do something or risk allowing voter suppression. We are not socialists who suppress the votes of some of our citizens and then say we had an election. If one person is denied their right to vote for any reason, that is one person too many. We are supposed to be fair in our country.
If the state is making a fair change the feds wouldn't say no. This section is not stopping any state from making any change they want.
Given the history, remote and recent, and given the risks involved, why would anyone want to get rid of section 5? It's simple: either risk a state having to ask permission to do something or risk allowing voter suppression. We are not socialists who suppress the votes of some of our citizens and then say we had an election. If one person is denied their right to vote for any reason, that is one person too many. We are supposed to be fair in our country.
If the state is making a fair change the feds wouldn't say no. This section is not stopping any state from making any change they want.
This is the same way I see it. I view this issue according to its history.
Right wingers are always racist when they do not agree with the left. Its the lefts favorite chant to try to silence the right. I say take it as a badge of honor. The right is never going to get black votes until they start to give them things for free.
Right wingers are always racist when they do not agree with the left. Its the lefts favorite chant to try to silence the right. I say take it as a badge of honor. The right is never going to get black votes until they start to give them things for free.
Do you know how stupid this sounds? Most Blacks are not looking for free stuff. Most Blacks actually work for a living. Of course judging by this post, it can be easy to see that you don't believe that. Most Blacks aren't dependent on welfare.
You want to know why Blacks have stopped voting for the Republican Party in any large numbers since the late 1960s? Has alot to do with the legacy of the Civil Rights Act and the Voting Rights Act. And then you have someone like Kevin Phillips, who was a strategist for Richard Nixon. He helped Nixon come up with the Southern Strategy. He basically said the same thing you're trying to push. He basically said he saw no place for Blacks in his(Republican) party. I have links below. There is a video of this.
From my own experience, I do not believe for a moment that most Blacks want free stuff. It is about social issues. It is about wanting to be protected. It is about making sure things like voting rights are not stepped on.
Reagan was against the Civil Rights Act from day one: Reagan, the South and Civil Rights : NPR
He claimed it was a "states rights" issue. Blacks have heard that before. It was because of "states rights" that many southern states practiced outright voter suppression against Blacks. It was because the state governments were left to their own devices that the state governments practiced voter suppression. Blacks have never forgotten that and for this reason, have been very reluctant to trust many Republicans.
“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”
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