Sawyer should write a brief letter to Mr. Kilpatrick on the issue. The guys over at Human Events are often knee-jerk reactionaries. The Requist court has done great work in getting a handle on the overuse of the commerce clause and reestablishment of sovereign immunity. But that little thing called article V of the 14th Amendment simply cannot be sidestepped. Correct me if I am wrong but nobody has ever really challenged the essential holding of Katzenback v. Morgan (I might not even have that case name right), that Congress can broadly legislative to rectify discrimination when they have done the leg work to find that widespread discrimination is actually happening. Kilpatrick should be made aware of this before Human Events begins to treaty Renquist as some apostate.

One question is this case, however, is the extent to which Renquist went out of the congressional record in finding the prevelance of discrimination. My understanding is that Scalia took him to task for this. Any views on this would be welcome.


- posted by Anonymous @ 11:44 AM