Human Events on Guam Section 2 Case

Terry Pell at Human Events here.  A portion:

“. . . Guam, a territory of the United States, is subject to the U.S. Constitution and numerous federal laws that prohibit it from treating individuals differently on the basis of race. Unless and until it secedes from the United States, Guam and its officials are bound to observe the Constitution and laws that prohibit treating citizens differently on account of race.

More troubling than the existence of this overtly discriminatory law is the failure of Justice Department officials to take action against it. Despite its clear authority to enforce federal laws prohibiting race discrimination in voting, the Justice Department declined to intervene when presented with a complaint by Guam resident Arnold Davis, the plaintiff in the suit filed this week. Davis, a retired officer in the U.S. Air Force, was told he couldn’t register because he was not descended from a native inhabitant.

The Guam plebiscite bears a strong similarity to Hawaiian laws that formerly limited certain elections to native Hawaiians. The Supreme Court declared such laws unconstitutional in Rice v. Cayetano in 1996. Presumably to get around this problem, Guam claims its plebiscite is not limited by race at all, but only to ”native inhabitants.”