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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Jan. 18, 2009 22 Teves 5769

Voting rights anachronism

By George Will


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http://www.JewishWorldReview.com | When, beginning in 1901, the Supreme Court decided some cases about how the Constitution applied to overseas territories, Mr. Dooley, the meditative bartender created by Finley Peter Dunne, mused that "no matter whether th' constitution follows th' flag or not, th' supreme coort follows th' iliction returns." Actually, the court rarely "follows" election results in the sense of conforming rulings to them. But on the eve of this singular inauguration, the court has agreed to hear a case in which it must follow, in the sense of assess, last November's returns. The case concerns a manifestly anachronistic and therefore now constitutionally dubious provision of the Voting Rights Act of 1965.


That year, because they had used many tactics to suppress voting by blacks, six states and some jurisdictions in other states were required to seek permission — "pre-clearance" — from the Justice Department for even minor changes in voting procedures. In 1975, the act was extended to cover Texas and two other states. The act's "bailout" provision, which ostensibly provides a path by which jurisdictions can end federal supervision, is so burdensome as to be often unusable. The pre-clearance requirements, which were originally intended to exist for five years, have been extended four times, most recently in 2006 — for 25 years. The Senate voted the extension to 2031 unanimously, which is evidence that genuflection had replaced reflection.


Now, however, a Texas utility district that did not exist until 1986 and that has never had a voting-related complaint says that the bailout provision has been virtually nullified by judicial interpretations. It further argues that the pre-clearance requirement — arguably the most intrusive law abridging states' sovereignty — was a response to a vanished emergency and is, after 44 years of racial progress, an indefensible violation of the Constitution's federal structure. The district argues that it "consigns broad swaths of the nation to apparently perpetual federal receivership" based on absurdly out-of-date evidence.


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In 1966, the Supreme Court said the pre-clearance requirement was a "rational" response to that era's crisis. In 1997, however, the court held that, to be justified, such an infringement of states' self-government must demonstrate "congruence and proportionality" concerning the problem it addresses. The 25-year extension in 2006, which the Texas jurisdiction challenges, is incongruent and disproportionate because it was based on the evidence used for the 1975 extension — that of the 1972 and some earlier presidential elections. So the 2006 renewal is itself evidence that there are no contemporary findings of unconstitutional behavior proportional to the Voting Rights Act's sweeping 1965 remedy. In 2031, which will be 59 years after the 1972 election, Congress probably will reflexively extend this receivership — unless the court insists upon the pertinence of evidence.


Speaking of which, Abigail and Stephan Thernstrom — she of the Manhattan Institute, he a Harvard historian — say that Barack Obama's election demonstrates that another facet of the Voting Rights Act has lost its original, and even then spurious, rationale. Because "it is no longer possible to argue that racial identity is an insurmountable barrier to the highest office in the land" and because "there are no longer any meaningful racial barriers to voting or holding office in America," it is time to end the unseemly practice of racial gerrymandering to produce "majority minority" legislative districts to guarantee the election of minority candidates.


In 2006, when extending the act, Congress baldly asserted that discrimination continues to prevent "minority voters from fully participating in the electoral process." Nonsensical then, it is patently so after 2008, when for the first time the rate of black turnout probably equaled and perhaps surpassed the white rate.


Obama won a higher percentage of the white vote than Al Gore and John Kerry got in 2000 and 2004, respectively. Mississippi now has more black elected officials — not more per capita, more — than any other state. Yet some civil rights activists, clinging to certitudes and striking poses from glory days long gone, must face the evidently disconcerting fact of their success.


Unfortunately, the civil rights impulse has decayed into coarse political entrepreneurship, exploiting today's racial spoils system — what Chief Justice John Roberts has termed "a sordid business, this divvying us up by race" for the purpose of separate and unequal treatments. Those who, supposedly celebrating the Voting Rights Act, say it must not be changed are actually implying that it has not succeeded. The proper way to honor it is by retiring the pre-clearance provision that it has rendered anachronistic.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

George Will's latest book is "With a Happy Eye but: America and the World, 1997-2002" to purchase a copy, click here. Comment on this column by clicking here.

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