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To: The Pack Knight

“How were Texas voters disenfranchised? We only have the right to vote for Texas’s electors, not Georgia’s or Pennsylvania’s electors.”

In Jim Crow days it was said black voters in southern states were disenfranchised by laws in those states.

Then other states - Pennsylvania for example - voted in Congress to adopt the 1965 federal Voting Rights Act to make sure black people could vote in Georgia, although Pennsylvania black voters were not being disenfranchised.

No analogy is ever exact, but if the Supreme Court wanted to get into the middle of this dispute they could find a way.


64 posted on 12/08/2020 6:38:26 AM PST by jeffersondem
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To: jeffersondem

Respectfully, I don’t think the analogy of the Voting Rights Act is relevant at all because conflating an act of Congress with a lawsuit misses the entire point of the standing doctrine, which is separation of powers. Under Article III, the judicial power of the United States extends only to adjudicating “cases” or “controversies.” Neither the Supreme Court nor any other federal court has the power to make rulings except to adjudicate a live controversy between parties with a legal interest in the dispute. Without that constraint, the judiciary just becomes another legislature.

Standing has nothing to do with what Congress does, because Congress is a legislature, not a court. It does not adjudicate disputes. It makes law. Also, Pennsylvania did not vote in Congress for the Voting Rights Act. States don’t have a vote in Congress. Representatives and Senators do.


136 posted on 12/08/2020 9:07:46 AM PST by The Pack Knight
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