I guess what I’m suggesting is that any judge should be able to find that the law is unconstitutional on its face.
“I guess what I’m suggesting is that any judge should be able to find that the law is unconstitutional on its face.“
Well, obviously the Civil Rights Act of 1964 is facially unconstitutional (and ten original Constitution cannot coexist with it).
I’m not so sure about the Voting Rights Act, since Amendment XV conferred on Congress the power to enforce it by “appropriate legislation”.
The core issue is that in a forest of laws covering the treatment of groups, only whites are not a group. That is going to change.