Congressional Power, South Carolina v. Katzenbach

[A18]

South Carolina v. Katzenbach, 383 U.S. 301 (1966)

The Supreme Court upheld the "preclearance" requirement of the Voting Rights Act of 1965.

[Emsworth]

Some parts of the ruling were sound. For example, Congress certainly has the power to suspend literacy tests in states where it they have historically been used to discriminate against African-Americans.

However, the idea that states can be required to obtain prior permission from the federal government before enacting any new rule is absurd.

[A18]

I was referring specifically to the preclearance holding, as that is what this case is usually noted for.

Although I believe Congress has power only to enforce the actual provisions of the Civil War Amendments, if you accept the view that Congress may enact such prophylactic measures, I'm not sure why the federal government couldn't require preclearance for any new rule.