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Old Jun 27, 2013, 11:11 AM   #26
citizenzen
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Join Date: Mar 2010
Quote:
Originally Posted by jnpy!$4g3cwk View Post
Most justices will claim to be textualists or originalists, yet, given a specific case, they come to very different conclusions, depending perhaps on their temperaments among other things.
And speaking of textualists, here's a some text that I believe is germane ...

Quote:
U.S. Constitution

AMENDMENT XV

SECTION 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

SECTION 2.

The Congress shall have power to enforce this article by appropriate legislation.

http://www.law.cornell.edu/constitution/amendmentxv
So when congress passed the VRA. they were fulfilling the exact duty that the 15th Amendment laid out. It would seem to me that a textualist would be far more careful about exerting the Court's power in this matter when it's so clearly stated to be a matter for congress to decide ... which it did.
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