Justice Scalia is on record saying he doesn’t want folks to dwell much on the Florida recount and 2000 Bush v Gore decision. Quite the originalist, and disregard for precedent notwithstanding, the decisions is dead as a doornail just like, Scalia suggests, the constitution itself.
Sure, it unconstitutionally imposed George W Bush on the country for the last 7 1/2 years, framing a presidency upon extralegal and unconstitutional moorings. And in this regard, the administration did not disappoint.
And now, scanning the horizon to see how it might affect yet another presidential election, the Court recently focused its attention on the state of Indiana (Crawford v Marion City Election Bd.). In the wake of this decision, as the NYT reports, Missouri lawmakers are seeking a constitutional amendment that would mandate proof of citizenship to vote.
If a referendum on this matter is held in Missouri in August as currently planned, and it passes, the vote could swing this key swing state to McCain. If other nativist state legislature get wind of it, the Court’s Indiana Case will then open the door for other states to similarly disenfranchise racial minorities under the auspices of excluding non-citizens.
At issue is the desire to exclude noncitizens from the polls. Apparently, the fear of an immigrant casting a vote for president is mobilizing nativists and xenophobes to plan a constitutional amendment mandating proof of citizenship to vote. A passport, birth certificate… many folks don’t possess either. Once again, immigration is being used as the wedge to exclude minorities from the political system.
If McBush wins Missouri this November, chances are it won’t be because of his compelling policy positions. Rather, it is likely to be because 240,000 mostly African American voters will be denied their vote.