[IbJensen]

For review and comment.

[IbJensen]

Bush appointee

[kosciusko51]

"When I use a word," Humpty Dumpty said in rather a scornful tone, "it means just what I choose it to mean -- neither more nor less."
"The question is," said Alice, "whether you can make words mean so many different things."
"The question is," said Humpty Dumpty, "which is to be master - - that's all."
(Through the Looking Glass, Chapter 6)

This is how the Federal Courts look at the Constitution. What we need is for Congress to disband all Federal courts below the Supremes (yes, Congress has this power) and reconstitute them with Constitutional judges.

[BenLurkin]

for decades the district courts, courts of appeal, and the Supreme Court have gone out of their way to show that they can obliterate the Constitution

Very sad but very true.

[An.American.Expatriate]

lots of mumbo jumbo - why not use the REAL reason this is a bad decision -

“...and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.”

Arizona’s constitution requires Citizenship to vote in elections, others likely do as well (Maryland’s does, others I did not check ...)

IOW - unless PROHIBITED by the Federal Government, the states have a CONSTITUTIONAL DUTY to ensure that only qualified Electors are allowed to vote in elections.

But then again, why look for simple answers when complicated when makes you seem oh so smart?

[bvw]

What subject for Judicial redress made USSC Justice Charles Evans Whittaker sick enough to recuse himself and then to quit the bench?

By the early 1960's state policies in re-apportionment of districts that were seemed egregiously unjust, where the ratio of elected representative to district population varied hugely.

Morris Udall compiled the following seemingly intolerable cases:

• Connecticut: State General Assembly, smallest district had 191, the biggest 81,000. A ratio of 424 to 1.
• New Hampshire: General Court (their name for the lower house), smallest district was a township of 3 residents, the largest district had a population of 3,244. A ratio of 1,081 to 1.
• Utah: State Legislature, smallest district had 165, the largest 32,380. A ratio of 196 to 1.
• Vermont: General Assembly, smallest district 36, the largest 35,000. A ratio of 972 to 1.
• California: State Senate, The biggest county, Los Angeles had a population of 6 and only one State Senator, the smallest rural county had a population of of 14,000. A ratio of 428 to 1.
• Idaho: State Senate, smallest distric, 951, largest, 93,400. A ration of 97 to 1.
• Nevada: State Senate, senators represented as many as 127,000 or as few as 568. A ratio of 224 to 1.

Sounds really bad right? It was! Especially when as in Tennessee's case the political establishment in the State Capitols had kept their own power by ignoring the state's own laws regarding redistricting. Although the Tennessee Constitution required redistricting every 10 years, the State oligarchy had not redistricted since 1901.

But what was the remedy?

It was, as history shows, itself an overreach of FEDERAL Judicial power that continues to spawn mighty destructive forces today -- as in the striking down of clauses in State Constitutions, and incredibly invasive -- yet equally politically abusive -- FEDERAL intrusions into state voting procedures.

The claimed high ethical principle of "ONE MAN, ONE VOTE" sounds really really good, right?

Yet it is wholly wrong and incredibly destructive.

[itsahoot]

Maybe the author could read that part of the constitution about original jurisdiction when cases involve States, and some others. This Federal Circuit has no authority to hear a case that charges State, Supreme Court only.

[Rome2000]

It used to take a constitutional ammendment for the Feds to usurp the right of the states to set requirements for electors.

Now all it takes is the demented opinion of a bug eyed freak in a black cape.