In 1942, Congress passed legislation attempting to facilitate voting by soldiers stationed overseas. Passed too close to the date of the general election (and after the primary election season) and creating a cumbersome process, the bill was ineffective. As the number of American soliders overseas continued to increase, the lack of practical access to the ballot was intolerable to President Franklin Delano Roosevelt. He sent a bill to Congress in 1944 that would have created a simple federal ballot made it much easier for soldiers to make their voices heard. Despite having the authority of a wartime president, however, the bill failed.
It is hard to overstate the importance of the Voting Rights Act of 1965. At the heart of the law that ended decades of disenfranchisement in former Confederate states is Section 5, the "preclearance" provision. Section 5 requires jurisdictions with a history of discrimination to get prior federal approval for any changes to state voting laws. The necessity of this provision was clear: without it, states had been able to nullify the commands of the 15th Amendment by passing measures that were formally race-neutral but were discriminatory in practice.
By delegating broad authority to the executive branch to engage in warrantless wiretapping of Americans, the Foreign Intelligence Surveillance Act (FISA) raises serious potential constitutional issues. The Fourth Amendment, which forbids "unreasonable" searches and seizures and under which warrantless searches are presumptively unconstitutional, is difficult to square with the kind of powers claimed by Congress and the Executive Branch. Today, however, the Supreme Court decided to duck this crucial constitutional issue based on almost comically illogical reasoning.
Yesterday, the Supreme Court decided two Fourth Amendment cases. The results were mixed. In one case, the Court protected an individual from an unreasonable search. But in another case, the Court again watered down Fourth Amendment protections in the name of the War on (Some Classes of People Who Use Some) Drugs.
Warren Hill has an IQ below 70. Despite this, barring an unlikely intervention by the Supreme Court, he will be executed by the state of Georgia tonight. The likelihood of this outcome is a lesson in how Supreme Court decisions can't always be taken at face value.