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  • toast22342000 toast22342000 Jul 16, 2013 12:49 PM Flag

    Antonin Scalia said

    in his dissent on DOMA, "We (the SC) have no power under the Constitution to invalidate this democratically adopted legislation." Yet despite repeated authorizations by Congress in 1970, 1975, 1982, and 2006 to extend the VRA Scalia had no problem going against the same proclamation of the limitations of the SC's power. The justification for striking down Sec 4 of the VRA was the "fundamental principle of equal sovereignty among the states," a principle that does not exist in Constitutional law according to Judge R. Posner, the pre-eminent Constitutional scholar at the U. of Chicago.
    VRA had previously blocked 1,116 attempts by states to employ discriminitory voting laws from 1965 to 2004.

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    • " The justification for striking down Sec 4 of the VRA was the "fundamental principle of equal sovereignty among the states," a principle that does not exist in Constitutional law according to Judge R. Posner, the pre-eminent Constitutional scholar at the U. of Chicago."

      Yes, the esteemed professor is apparently unaware of a very plain reading of the tenth amendment. Back in the 60's, Allen Funt, the star of "Candid Camera" caught the professor picking his nose and eating the boogers, but television censors of the time thought the footage too "organic".

 
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