Re: The Power of the SCOTUS IV: Gays, Guns, and Immigrants, OH MY!
What if Congress, in its wisdom, decided to apply the law to any state/county which had EVER allowed slavery? The 9 states singled out by the VRA only treated black people worse than any other state from the period from perhaps 1800-1960, which is only about 1/3 of the time that "modern" governments have existed in the new world. New York finally outlawed slavery in 1837, a whopping 28 years before the 13th amendment outlawed it everywhere, and only allowed blacks to vote starting in 1860. Yet, we're supposed to believe that a primary cause of the disadvantages that African Americans face (and they definitely still do) are the Jim Crow laws that existed for less than 100 years in 9 particular states?
I think that is entirely appropriate for a law that is purportedly intended to remedy a fixed problem (discrimination prior to 1965). If it doesn't have a time limit, that's essentially admitting that the law is a failure - that it will never solve the problem it was enacted to address.Exactly. Roberts wrote that a majority of the Court has decided essentially to put time limits upon laws now. He wrote that the law needs to "speaks to current conditions". So for me they put an arbitrary time limit upon laws based upon whatever they feel is "current".
What if Congress, in its wisdom, decided to apply the law to any state/county which had EVER allowed slavery? The 9 states singled out by the VRA only treated black people worse than any other state from the period from perhaps 1800-1960, which is only about 1/3 of the time that "modern" governments have existed in the new world. New York finally outlawed slavery in 1837, a whopping 28 years before the 13th amendment outlawed it everywhere, and only allowed blacks to vote starting in 1860. Yet, we're supposed to believe that a primary cause of the disadvantages that African Americans face (and they definitely still do) are the Jim Crow laws that existed for less than 100 years in 9 particular states?