A musing (and a weak defense)

David Wagner daviwag at regent.edu
Tue Apr 13 08:47:19 PDT 2010



> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-
> bounces at lists.ucla.edu] On Behalf Of Curtis, Michael K.
> Sent: Tuesday, April 13, 2010 11:04 AM
> To: Finkelman, Paul <paul.finkelman at albanylaw.edu>; Volokh, Eugene;
> CONLAWPROFS professors
> Subject: RE: A musing (and a weak defense)
> 
> Blacks were expelled from the Georgia Republican Party when the Goldwater people took over.


That's an extremely interesting piece of history, if literally true as stated. 

Those of us who personally know veterans of the Goldwater campaign know that in opposing the Civil Rights bill, Goldwater took a principled stand on the limits of Congressional power (e.g. Congress couldn't use the Commerce Clause to regulate conduct that was not plausibly interstate commerce -- this was before the decisions in McClung and Heart of Atlanta; and the Sec. 5 power extends only to state action); that he knew that many would couldn't know better, and also many who should, would interpret his stance as racism; but that he couldn't let that influence his decision. 

But of course, the story you allude to is about "the Goldwater people" (though not the ones I know), not about Goldwater, so -- do tell.

David M. Wagner
Regent



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