Scalia's racial entitlement remark | Page 5 | TigerDroppings.com

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I B Freeman
Member since Oct 2009
6206 posts

re: Scalia's racial entitlement remark


quote:

How exactly does something become unconstitutional due to the mere passage of time


Court decided to hear it. There must be an issue that has not been brought up before.

They are dealing mostly with the 2006 renewal and section 5 of the act. Does not appear they intend to strike down the law.

It is a political tool of the party in power and that is all. Too bad they don't strike federal oversight altogether and simply hold states accountable for guaranteeing voter rights protection.

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Decatur
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re: Scalia's racial entitlement remark


quote:

how do things like suspect classes get created in courts over time?

how did plessy ever get overturned if not for passage of time and changing societies?

how did the commerce clause get expanded, and expanded, and expanded, if not for passage of time?


Judicial activism - said every conservative ever






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SlowFlowPro
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re: Scalia's racial entitlement remark


quote:

Judicial activism - said every conservative ever

well this sort of retro-activism would not be necessary had the courts not legislated from teh bench initially

courts often have to correct bad law. i think we all agree that plessy was really bad law, and it was corrected down the road






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SlowFlowPro
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re: Scalia's racial entitlement remark


quote:

i think we all agree that plessy was really bad law, and it was corrected down the road

bueller? bueller?

i guess the argument is settled, then. now let's go on to the actual law






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SlowFlowPro
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re: Scalia's racial entitlement remark


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i think we all agree that plessy was really bad law, and it was corrected down the road

it's been almost 4.5 hours

is this argument over now?






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NC_Tigah
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re: Scalia's racial entitlement remark


quote:

SlowFlowPro
The Closer!







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SlowFlowPro
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re: Scalia's racial entitlement remark


well it's not the argument about the thread, just the bull shite attempt at a gotcha! about "judicial activism"

it will take a proper frickhead to think overruling that piece of shite plessy v. ferguson was a bad move by the court

therefore, it is very possible for courts to overrule shitty decisions from prior courts

since this is possible, and since the USSC isn't creating law from the bench (because it's actually doing the opposite and invalidating law), then that whole argument is dead

now we can debate the actual decision






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NC_Tigah
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re: Scalia's racial entitlement remark


quote:

it is very possible for courts to overrule shitty decisions from prior courts
Possible, but historically rare. No matter how terrible the previous decision.






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trackfan
LSU Fan
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Member since Sep 2010
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re: Scalia's racial entitlement remark


quote:

well this sort of retro-activism would not be necessary had the courts not legislated from teh bench initially courts often have to correct bad law. i think we all agree that plessy was really bad law, and it was corrected down the road

Actually you have it backwards. This court would be the activist court if it overturned the Voting Rights Act, not the 1966 court. On the other hand, there's a plausible case to be made that the 1964 Civil Rights Act was unconstitutional, which is why Libertarian types like Barry Goldwater opposed the Civil Rights Act but supported the Voting Rights Act. Here's how George Will summed it up:

LINK






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Bestbank Tiger
Ohio State Fan
Landmass
Member since Jan 2005
20702 posts

re: Scalia's racial entitlement remark


quote:

How exactly does something become unconstitutional due to the mere passage of time?


You mean like life without parole for minors who commit heinous crimes?






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Bestbank Tiger
Ohio State Fan
Landmass
Member since Jan 2005
20702 posts

re: Scalia's racial entitlement remark


quote:

I see no Constitutional authority for the federal government to impose federal oversight over some states and not others.


That would be in the text of the 15th Amendment:


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

On the other hand, you could argue that the VRA was appropriate in 1965 but is no longer appropriate. For example, take the position thjat singling out some states and local jurisdictions for stricter oversight is something that should be done in very narrow circumstances. Those circumstances might have existed in 1965 but the federal courts are a sufficient remedy for a far lower rate of abuses that might occur today.







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I B Freeman
Member since Oct 2009
6206 posts

re: Scalia's racial entitlement remark


quote:

Hearing a challenge brought by Shelby County, Ala., several justices voiced skepticism about the formula the law uses to decide which states and other jurisdictions are required to get permission, or “preclearance,” from the Justice Department or a federal court in Washington for any change in voting procedures that they seek to make.

In 2006 Congress reauthorized Section 5 of the law for another 25 years. The current formula uses election data from 1972 and earlier to determine which places section 5 applies to. Critics of the law say the formula is archaic and ought to be scrapped.


Scalia is right that few politicians have the courage to attack anything that says "racial" or "civil rights" even if the law absurdly allows the use of 34 year old data in it's enforcement.

We can see that here as the proponents of the obviously discriminatory law defend it with pictures of hangings as if the almighty federal government is the sole protector of voter's rights. They deny the feds shortcomings in enforcing the law when blacks are running the elections in places like Philadelphia and Noxube County Mississippi. It is political and only political.







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SlowFlowPro
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re: Scalia's racial entitlement remark


quote:

On the other hand, there's a plausible case to be made that the 1964 Civil Rights Act was unconstitutional,

it most definitely is unconstitutional and the only way it passed judicial muster is through a series of horrible decisions that completely warped the interstate commerce clause and has led to a super expansion of the federal government

quote:

This court would be the activist court if it overturned the Voting Rights Act, not the 1966 court.

if the 66 court made a bad decision, there is nothing "activist" about making the right decision decades later

same with brown overruling plessy






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trackfan
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re: Scalia's racial entitlement remark


FYI, the VRA was upheld by a vote of 8-1 and the dissenter was Hugo Black. Here's the original dissenting opinion:

LINK



This post was edited on 3/2 at 6:27 pm


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trackfan
LSU Fan
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re: Scalia's racial entitlement remark


quote:

if the 66 court made a bad decision, there is nothing "activist" about making the right decision decades later same with brown overruling plessy

I agree with this, but the 1966 court was not activist. Congress has a right to pass laws that protect constitutional rights.






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Bestbank Tiger
Ohio State Fan
Landmass
Member since Jan 2005
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re: Scalia's racial entitlement remark


quote:

as if the almighty federal government is the sole protector of voter's rights


That's a good point. The view you're referring to is very dangerous. Let's not forget that it was the feds who amped up the insane War on Drugs--and gave us the cocaine/crack sentencing disparity.






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SlowFlowPro
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re: Scalia's racial entitlement remark


quote:

but the 1966 court was not activist. Congress has a right to pass laws that protect constitutional rights.

while violating the Equal Protection clause and other constitutional provisions?

congress has the right to enact laws pursuant to the 15th Amendment, but only if they don't violate other portions of the constitution

how can you create a certain geographical area that is discriminated against, in violation of the EPC, and call it constitutional?

Congress has other avenues (such as section 2) to ensure voter's rights. it wanted to be too activist, and the USSC was more than happy to join in the activism






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trackfan
LSU Fan
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re: Scalia's racial entitlement remark


quote:

while violating the Equal Protection clause and other constitutional provisions?

congress has the right to enact laws pursuant to the 15th Amendment, but only if they don't violate other portions of the constitution

But in the real world, there are many instances of the rights of one person infringing on the rights of another. Someone has to decide which rights trump the others. For example, the laws which prohibit you from inciting riots or threatening to assassinate the President violate your 1st Amendment rights. Why haven't they been overthrown by the courts?






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UpToPar
LSU Fan
Baton Rouge
Member since Sep 2008
6604 posts

re: Scalia's racial entitlement remark


quote:

How ironic. What you've done is provide us with a textbook example of idiocy and ignorance. Congress can't pass a law allowing slavery because the 13th Amendment expressly forbids it. In order to make slavery legal, the Constitution would have to be amended, but that a process is a lot more complicated than simply passing a law.


Well this is fricking stupid. Because congress has never passed a law that violates the constitution right?






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trackfan
LSU Fan
Baton Rouge
Member since Sep 2010
18518 posts
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re: Scalia's racial entitlement remark


quote:

Well this is fricking stupid. Because congress has never passed a law that violates the constitution right?

Let me make this as simple as I can. The only way that an amendment can be repealed is by passing another amendment. For example, Congress could not repeal Prohibition (18th Amendment) by passing a law, it took the 21st Amendment to do that. Only amemdments can overturn amendments, not laws. Got it?



This post was edited on 3/2 at 10:17 pm


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