Skip to main content

15th Amendment

15th Amendment - The federal judiciary has had a chip on its shoulder ever since Alexander Hamilton described it as the “weakest of the three departments of power.” From Marbury v. Madison and McCulloch v. Maryland through to its present day progeny, federal judges consistently misinterpret the Constitution and misinterpret the powers assigned to them therein. In fact, for decades the district courts, courts of appeal, and the Supreme Court have gone out of their way to show that they can obliterate the Constitution just as powerfully as their sister branches.

One of the latest examples of the federal courts’ disregard for the black letter of Constitutional law is found in the Ninth Circuit Court of Appeals’ decision in the case of Gonzalez v. Arizona (2010). Handed down in October of this year, the reasoning set forth in the majority opinion written by Judge Sandra S. Ikuta is remarkably unsound, especially so in light of the concurrence of former Supreme Court Justice Sandra Day O’Connor (Justice O’Connor heard this case pursuant to the prerogative exercised pursuant to 28 U.S.C. §294(a)).

Proposition 200 was passed in November 2004 when 56% of citizens of the State of Arizona voted in favor of it. The initiative was drafted by the Protect Arizona Now (PAN) Coalition with the support of the Federation for American Immigration Reform (FAIR) and basically it requires individuals to produce proof of citizenship before they may register to vote or apply for public benefits in Arizona. The proposition also makes it a misdemeanor for public officials to fail to report persons unable to produce documentation of citizenship who apply for these benefits, and allows citizens who believe that public officials have given undocumented persons benefits to sue for remedies.

15th Amendment

In the Ninth Circuit’s opinion, Ikuta and O’Connor held that the measure fails Constitutional muster for violating the intent of the legislature as manifest in the National Voter Registration Act of 1993 (NRVA). The decision in the case states that the “central purpose is to increase voter registration by streamlining voter registration procedures.” Therefore, as the NRVA does not require proof of citizenship as established under the provisions of Proposition 200, the state of Arizona is preempted from passing a law that illegally burdens the pre-existing federal statute.

15th Amendment


Popular posts from this blog

Work-Related Personal Development Plans

Work-Related Personal Development Plans - Personal development refers to activities that improve self-knowledge and identity, develop talents and potential, build human capital and employability, enhance quality of life and contribute to the realization of dreams and aspirations. The concept is not limited to self-development but includes formal and informal activities for developing others, in roles such as teacher, guide, counselor, manager, coach, or mentor. Finally, as personal development takes place in the context of institutions, it refers to the methods, programs, tools, techniques, and assessment systems that support human development at the individual level in organizations.

At the level of the individual, personal development includes the following activities:

* improving self-awareness
* improving self-knowledge
* building or renewing identity
* developing strengths or talents
* identifying or improving potential
* building employability or human ca…

Urban Meyer Stepping Down

Urban Meyer Stepping Down - Well, it appears as if it’s deja vu all over again.

Less than 12 months after retiring and then un-retiring, Urban Meyer is apparently stepping down as Florida’s head coach. There’s no word on if he will be stepping back up tomorrow.

Urban Meyer Stepping Down

According to Todd Wright of Sporting News radio, and AOL Fanhouse‘s Brett McMurphy Meyer will announce at a 5 p.m. ET press conference Wednesday that he is resigning/retiring as the Gators’ head coach. There are no further details available at this time, other than GatorUpdates reporting over the weekend that Meyer checked into a hospital the week of the UGA game and has been undergoing tests since.

Obviously, we’ll have more on this story throughout the day and well into the night…

Urban Meyer Stepping Down

Matt Cassel Undergoes Appendectomy

Matt Cassel Undergoes Appendectomy - The mystery of Matt Cassel missing practice Wednesday coupled with the Kansas City Chiefs promoting quarterback Tyler Palko has been solved.

The team has announced that Cassel underwent an appendectomy on Wednesday morning. The Chiefs say they expect Cassel to return to work this week. Returning to work and being ready to perform well in the team’s biggest game of the season on Sunday against San Diego are two different things. ESPN’s Adam Schefter is reporting the Chiefs are viewing Cassel as being questionable to play in the game.

Clearly, this is terrible timing. The Chiefs are 8-4 and would take a major step toward the playoffs with a win over the Chargers. Cassel has played very well for the past two months. If he can’t play, the brittle Brodie Croyle would face the Chiefs in his first action of the season. Croyle last played in Week 13 of the 2009 season.

Matt Cassel Undergoes Appendectomy

Cassel’s availability will come down to whether he…