The Voting Rights Case: A Constitutional View

by Rob Natelson, TenthAmendmentCenter.com:

The Fifteenth Amendment, adopted five years after Civil War ended, was designed primarily to secure the right to vote for newly-freed slaves. Section 1 of the Amendment provides that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

Section 2 grants to Congress an additional enumerated power: “The Congress shall have power to enforce this article by appropriate legislation.” This provision, like the similar enumerated power granted by the Fourteenth Amendment, often has been compared to the Necessary and Proper Clause.

It is unclear why the enumerated powers in the Fourteenth and Fifteenth Amendments are compared to the Necessary and Proper Clause. The Necessary and Proper Clause is technically redundant—that is, it merely clarifies that what would be true in any event. But Section 2 of the Fifteenth Amendment, like Section 5 of the Fourteenth Amendment, actually does grant Congress entirely new authority.

Read More @ TenthAmendmentCenter.com



Categories: Pro Constitution

Tags:

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 680 other followers

%d bloggers like this: