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Old 09-10-2018, 01:33 AM
Lord Feldon's Avatar
Lord Feldon is offline
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Join Date: Dec 2010
Location: Central Ohio
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Quote:
Originally Posted by Bryan Ekers View Post
Now I'm curious how many states, then or now, would gladly accept fewer congressional delegates as the cost of disenfranchising their undesirables.
Gladly? None. What they wanted, and what they gladly accepted when they got it, was to count their black populations but not let them vote. The repeal of the three fifths compromise meant they were supposed to get zero fifths, but they took five fifths instead. No Congress ever had the backbone to enforce it, and by the time it was really necessary, the House was already full of unconstitutional representatives who (had it ever been attempted) would have voted to perpetuate their own illegal seats.

There was an attempt to litigate it in the courts, but the Supreme Court ruled that it was a political question. It was overtaken by events, but it would have been an interesting case to take back to them in the 60s, when they were recognizing a much more expansive view of democratic rights.

Last edited by Lord Feldon; 09-10-2018 at 01:38 AM.