Last week's voting rights decision is important in ways that have barely received notice so far.
holds that the results test is constitutionally valid legislation to enforce the 15Amendment, rebuffing Alabama’s radical plea to nullify the results test. His reasoning is brief, yet incredibly important. TheAmendment requires a showing of purposeful discrimination, but explains that this is irrelevant to the scope of Congress’s enforcement power.
, then, is that the legislated Constitution is not limited by the adjudicated Constitution. In other words, Congress in exercising its enforcement power is not constrained by the Supreme Court’s interpretation of the 15Amendment. Congress can adopt broader statutory guarantees to protect the right to vote free from discrimination.
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