Trustees v. Garrett

[Ann Althouse]

The Court took pains to preserve KvM in Boerne, and, in fact, understanding
that explanation is key to understanding what the Court means with its
congruence and proportionality test for whether Congress is keeping to a
properly remedial rule. That is, KvM is still good law because the Voting
Rights Act is a tailored remedy that aligns with actual constitutional
rights as defined by the Court and a record of state violations. Notably,
Congress limited its remedy both geographically and in time: it
demonstrated sensitivity to the states in a way that none of the recent
statutes has.

Ann

>Remember Katzenbach v. Morgan, back in the 60s?  It ruled that Congress's
>Section 5 enforcement power was NOT limited to forbgidding practices that
>had been ruled unconstitutional, and that Congress could make things ILLEGAL
>in safeguarding CONSTITUTIONAL guarantees.  K v. M is no longer a safe
>precedent, but its conclusion seemed then, and seems now, persuasive.
>Judy Baer
>Political Science
>Texas A&M