Quote from: Doktor Howl on June 26, 2013, 04:16:58 AMQuote from: I_Kicked_Kennedy on June 26, 2013, 04:14:23 AMQuote from: Doktor Howl on June 26, 2013, 12:06:32 AMQuote from: I_Kicked_Kennedy on June 25, 2013, 11:56:42 PM
But there's a little part of me that thinks a strict reading of constitutional law does in fact make this specific provision unconstitutional*.
Want to elaborate on that? Because amendment XV is pretty fucking clear on the subject.
So, that amendment says that no one can be prevented from voting based upon race. Good. That's should have gone without saying, you know, with the "...all men created equal" which turned out to be lip service, so yes we had to make an amendment that says "To be clear, black people and any other citizen, no matter what race, can vote." The provision that was struck down did not say "Black people have the right to vote," but rather, "There are some states that aren't treating black people fairly, so any time they want to do something to change the laws, they need to check with us first."
You now might consider reading article VI, the part about the constitution (alongside federal law and ratified treaties) being the law of the land. And article I's granting of the power to congress to pass such laws as are necessary to permit the executive branch to enforce this.
The entire 1965 law is constitutional.
I guess this is where I'm a bit concerned. The Supremacy Clause you are referring to was the same one that rejected Ableman v. Booth, in that it said since federal law supported US Marshall apprehending fugitive slaves, the state was not allowed to interfere. Now, I will grant that it is a superb argument that the provision in the Voting Rights Act was constitutional (and one I will be happy to use in support of it, as I had said before that I support it from a personal standpoint), but I think this case is an example of when the opposite is at play: when a law can be created as constitutional, but morally repugnant. If the federal government is taken over by fascists, what rights do states have to protect themselves? Reminder: Slavery and involuntary servitude was not in the constitution until the 13th amendment, and we have the 21st which effectively repealed a previous amendment. Now prohibition was bullshit, but what's to prevent a theoretical fascist set of elected representatives from adding amendments that cancel out previous amendments, then passing laws that inhibit states' efforts to fight these, since those measures would now be considered "constitutional."