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Yeah, the GOP is all about states' rights in overturning RvW.
Quote:
Originally posted by Not Me
No, I didn't. I said the interstate commerce clause had been used to uphold civil rights laws and that the 14th amendment was used in the badge of slavery cases. However, as you correctly pointed out to me, I was thinking of the 13th amendment, which I was. And as I told you, my bad, I will try to do better in the future. I wasn't talking about equal protection and I do recognize that equal protection is used in race cases. It is just that I got the number 13 confused with the number 14.
I thought you were talking about a different amendment (13th), but as I have now stated several times, it is because I confused the numbering of the amendments.
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If you look at Katzenbach, you will see that Brennan spent lots of time discussing the Fourteenth Amendment, but there is nary a peep about the Commerce Clause. I am curious about this notion that there are cases applying the Commerce Clause to uphold civil rights statutes, and invite you to post more if you can figure out what you are remembering. I suspect that what you are thinking of is RFK's move, as AG, to send federal marshals to protect Freedom Riders, on the theory that the bus lines were in interstate commerce and so there was federal jurisdiction. But I am not at all sure that I have the facts right, or that a court was involved, or that this was anything but a pretext for the federal government to get involved at a time when a state government obviously was not interested in upholding the Constitution.
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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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