He threatens illicit action to prevent Republican maneuvers
to limit Democratic votes.
There is nothing he can do about Section 5 of the Voting
Rights Act if the Supremes strike it down.
But he here expressly promises to simply ignore an adverse
outcome of judicial review.
As many of you know,
the Supreme Court recently heard a case challenging the constitutionality of
this vital measure.
As we await the
Court’s decision, I want to assure you that – no matter the outcome – the Department of Justice will remain
committed to the aggressive and appropriate enforcement of all voting and civil
rights protections, including every part
of the Voting Rights Act.
He could and should be impeached for doing that, if the time
comes.
Judicial Review is a fraud but he is not here proposing to
dispense with or reform it.
He is proposing to simply blow off the Supremes if they rule
against his ‘druthers, though the established practice for over two hundred
years has been to accept and comply with the authority of the Supremes to nullify
state or federal actions in the name of the constitution, as they read it and without
appeal.
And I cannot support that.
Whether or not we may agree the exigencies of war might
bring up exceptional cases, executive compliance with the judgment of the
Supremes apart from that must be faultless.
Though, of course, I can do nothing about this.
The following remarks are questionable, too, though not
openly threatening lawlessness.
Recent proposed
changes in how electoral votes are apportioned in specific states are blatantly
partisan, unfair, divisive, and not worthy of our nation.
That appears to be a reference to Republican efforts to
alter the mode of appointment of presidential electors in states like Pennsylvania
to resemble that of Maine and Nebraska.
Only two would be selected on a state-wide basis, the rest
being chosen or awarded by congressional district.
Republicans propose this in states they control in which the
change is anticipated to replace in future what would be a wholly blue set of
electors with a mix of blue and red.
Such changes are entirely within the constitution and the
state of Pennsylvania does not have to appoint its electors to match results of
a presidential beauty contest, at all.
Let me be clear again:
we will not sit by and allow the slow unraveling of an electoral system that so
many sacrificed so much to construct.
Oh?
Nationalizing elections and placing them wholly under
federal authority would be a good idea, but it has not been done.
Guaranteeing that presidents are chosen by a national
popular vote would be a great idea, and that also has not been done.
And there is nothing in the constitution or the laws that requires
the impact of black votes, in particular, be keep up to some morally or
divinely or socially or politically required level, apt to be missed if these changes
go through.
By the way, a federal ban on personal ownership of weapons
that an individual can actually carry, even of just those designed clearly for military
use, would be unconstitutional.
State bans would not be, the incorporation doctrine being
false.
(Though they might be unconstitutional relative to the states' own constitutions.)
(Though they might be unconstitutional relative to the states' own constitutions.)
But neither point is now accepted by the courts and neither
Holder nor anyone else in government has any business just blowing them off.
As things stand, even the conservatives on the court would
insist on a federal and a state right
to limit the types of weapons one may own or carry, refusing to accept a
constitution allowing individual ownership of suitcase nukes, weaponized
anthrax, and so on.
Eyes wide shut, thank God!
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