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View Diary: KKKourtgate: Constitutional Crisis, Day 2. Petition Updates. (29 comments)

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  •  Wisper - My take on this is that Section 2 (1+ / 0-)
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    of the 15th Amendment says that: "The Congress shall have power to enforce this article by appropriate legislation."
      IANAL, but it doesn't appear to me that the Court can toss out the "appropriate legislation" based on the Court's subjective judgment that the legislation is no longer relevant.
      Justice (LOL) Scalia, if you'll recall" wasmaking public comments that it was politically too hard for Congress to get rid of "racial entitlements" so the Court might have to act.
       That is not Constitutional thinking.
       The Court has stepped on a Constitutional prerogative of Congress and tossed out legislation THAT WAS MANDATED BY THE CONSTITUTION ITSELF because of the Court's political preferences about the legislation.

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