the voting rights act is, in its entirety, obviously constitutional under the 15th amendment, which gives congress broad and proactive authority to stop racial discrimination in voting. and you know it is obviously constitutional because roberts has had to invent entire new doctrines to gut it.

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It’s worth remembering that the enabling clauses of the 14th and 15th amendment (and the other votings rights amendments like women’s suffrage and poll taxes) gives Congress the power to enforce it by “appropriate” legislation. Not “necessary” like the N&P clause. Just “appropriate.”

Replies

  1. yep. and contra roberts, “appropriate” suggests a broad mandate for actions and one that is in the purview of congress to decide.

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