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Episode 153: Shall Be Reduced
Archived series ("Inactive feed" status)
When? This feed was archived on February 26, 2024 23:19 (). Last successful fetch was on February 25, 2021 22:41 ()
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Manage episode 196271624 series 1952318
Constitutional and election law expert Franita Tolson joins us to talk about a little-known section of one of the most well-known parts of the Constitution. The Fourteenth Amendment grants rights enforceable against states, not just against the federal government. And it gives Congress a role in enforcing those rights. But did you know that it also provides an apparently severe and mandatory remedy for abridgments by states of the right to vote? You will.
This show’s links:
- Franita Tolson's faculty profile and writing
- Franita Tolson, What is Abridgment?: A Critique of Two Section Twos
- Luther v. Borden (disclaiming power under the Constitution to identify which of two rival factions was the government of Rhode Island); see also Erwin Chemerinsky, Cases Under the Guarantee Clause Should Be Justiciable
- Sharrow v. Brown at footnote 9, for an example of a court wrestling with the seemingly mandatory language of section two's reduction formula
- Shelby County v. Holder
Special Guest: Franita Tolson.
218 episodes
Archived series ("Inactive feed" status)
When? This feed was archived on February 26, 2024 23:19 (). Last successful fetch was on February 25, 2021 22:41 ()
Why? Inactive feed status. Our servers were unable to retrieve a valid podcast feed for a sustained period.
What now? You might be able to find a more up-to-date version using the search function. This series will no longer be checked for updates. If you believe this to be in error, please check if the publisher's feed link below is valid and contact support to request the feed be restored or if you have any other concerns about this.
Manage episode 196271624 series 1952318
Constitutional and election law expert Franita Tolson joins us to talk about a little-known section of one of the most well-known parts of the Constitution. The Fourteenth Amendment grants rights enforceable against states, not just against the federal government. And it gives Congress a role in enforcing those rights. But did you know that it also provides an apparently severe and mandatory remedy for abridgments by states of the right to vote? You will.
This show’s links:
- Franita Tolson's faculty profile and writing
- Franita Tolson, What is Abridgment?: A Critique of Two Section Twos
- Luther v. Borden (disclaiming power under the Constitution to identify which of two rival factions was the government of Rhode Island); see also Erwin Chemerinsky, Cases Under the Guarantee Clause Should Be Justiciable
- Sharrow v. Brown at footnote 9, for an example of a court wrestling with the seemingly mandatory language of section two's reduction formula
- Shelby County v. Holder
Special Guest: Franita Tolson.
218 episodes
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