May 13, 2009

HARD AS IT IS TO TOP ACONSTITUTIONAL MESSES LIKE ROE, GIDEON, MIRANDA, ETC....:

The Supreme Court’s Hostility to the Voting Rights Act (ADAM COHEN, 5/13/09, NY Times)

It is hard to imagine an area in which Congress has more express constitutional authority to act than in protecting the right of minorities to vote.

When the Civil War ended and the hard work began in creating a nation with a single standard of citizenship, the 14th Amendment was adopted to make it clear that blacks had equal rights. The 15th Amendment said the right to vote could not be denied or abridged on account of race.

Both amendments gave Congress the “power to enforce” them “by appropriate legislation.” [...]

There is a lot of talk in conservative circles about judicial modesty and deferring to the political branches. That view of judging often overlooks the important role that courts have in protecting people’s rights. But if there was ever a time to defer, it is when Congress is protecting voting rights in the exact way the Constitution directs it to.


...those cases "only" invent new "rights" out of thin air. They don't directly contradict express provisions of the Constitution the way the Court's awful voting rights rulings do. To read "one man, one vote" into a document that establishes a regime featuring both the Senate and the Electoral College is an attack on the constitutional order itself.

Posted by Orrin Judd at May 13, 2009 6:46 AM
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