The Dignity of the South

Joseph Fishkin

University of Texas School of Law

June 8, 2013

123 Yale Law Journal Online 175 (2013)
U of Texas Law, Public Law Research Paper No. 518

The plaintiffs in Shelby County v. Holder argue that section 5 of the Voting Rights Act should be struck down because it offends the “equal dignity" of the covered states — an argument the Court appeared to credit in its last brush with section 5 in NAMUDNO. This Essay, written in advance of the decision in Shelby County, critically examines this equal dignity of the states argument and situates it in a larger context. Americans have been fighting for 150 years, since the Civil War and Reconstruction, about the structural implications of the events of 1861-70 for the sovereignty, dignity, and equality of the states — especially the Southern states. The implications of adopting the ““equal dignity”” of the covered states as a constraint on Congress’’s Reconstruction Power are deeply problematic and profound.

Number of Pages in PDF File: 22

Keywords: Voting Rights Act, Election Law, Dignity, State Dignity, Equal Dignity, Federalism, Reconstruction, Reconstruction Amendments, Civil War

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Date posted: May 2, 2013 ; Last revised: July 15, 2013

Suggested Citation

Fishkin, Joseph, The Dignity of the South (June 8, 2013). 123 Yale Law Journal Online 175 (2013); U of Texas Law, Public Law Research Paper No. 518. Available at SSRN: https://ssrn.com/abstract=2258789

Contact Information

Joseph Fishkin (Contact Author)
University of Texas School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
HOME PAGE: http://www.utexas.edu/law/faculty/profile.php?id=jrf84

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