By: Jinsky Jean-Pois

Jinsky Jean-Pois — Sat, 09 Jun 2012 00:23:51 +0000

The Section 5 provision of the Voting Rights Act (§5 VRA) is unconstitutional for inconsistency with the Tenth, Fourteenth, Fifteenth Amendments and Article IV of the Constitution with for the reason that it is not congruent or proportional to the problem it sought to resolve for enforcement legislation enacted pursuant to the Section 2 provision of the Fifteenth Amendment under the 1997 Supreme Court Decision in the City of Boerne v. Flores doctrinal congruence and proportionality test to enforce an article guaranteeing an enumerated right in the Constitution with appropriate legislation. If the rational basis test is applied by the judiciary, then there is no rational basis to impose this provision under the current formula based on 1968 presidential election participation rates because of the equal protection clause, delegation of power reserved to the states clause, states may not abridge or deny the right to vote on account of states clause, and the powers prohibited by the states clause. AZ Attorney General Tom Horne, TX Attorney General Greg Abbott filed Section 5 legal challenges on the constitutionality of the preclearance regime. If the DOJ sues the State of FL for the administrative actions to ensure the objective of efficient and legitimate elections, then FL should ask the constitutional question of Section 5 provision of the VRA. §5 VRA is no longer valid assertion of congressional authority as enumerated by Section 8 of Article I for the enforcement power under Section 2 (§2) of the Fifteenth Amendment to ensure that the right to vote is not denied on the basis of race or ethnicity. South Carolina v. Katzenbach is no longer viable jurisprudence to sustain §5 VRA is a valid assertion of congressional authority pursuant to the second section of the Fifteenth Amendment to the Federal Constitution. TX and SC and other §5 VRA states should be allowed to implement Photo Voter-ID laws to ensure legitimacy and integrity in the electoral process thereof. The prerogative of the states to enact duly constituted and constitutional state law is a standard that governs state sovereignty.

Comments on: New York Times on Florida: “So Sue Them”

By: Jinsky Jean-Pois