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Yeah, the GOP is all about states' rights in overturning RvW.
Quote:
Originally posted by Not Me
I probably was thinking 13th (or whichever) amendment for the badges of slavery cases. I promise to be more careful in the future. These aren't amendments that get used much in my line of work.
Although I can't cite them off the top of my head, I know that there were cases in which the interstate commerce clause was used to uphold civil rights laws. That doesn't mean that the 14th amendment wasn't also used.
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At least one Supreme Court decision -- a housing discrimination case from the late 60s or early 70s whose name eludes me -- suggests that, under section 5 of the Fourteenth Amendment, Congress can confer standing on people to uphold the civil rights laws even though they might be deemed to lack the injury to establish a "case or controversy" under Article III.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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