quote:
It's not what's in it. It's what's not. Compare the Bill of Rights, for example, of the Reconstruction Constitution to the rights granted in the 1876 Constitution. The Reconstruction Constitution specifically grants to blacks the right to vote. The 1876 does not
It is unnecessary to mention that right in the 1876 constitution due to the 15th amendment coupled with the supremacy clause. The 15th amendment was ratified in 1870, meaning that said law was already in effect when the 1876 constitution was drafted. However, the 15th amendment had not yet been ratified in 1869 when the previous constitution had been passed. Not including a black suffrage amendment in the 1876 constitution did not take away any rights from Blacks, or seek to eliminate Republican successes because all the rights that you are claiming were "stripped" were already in place at the Federal level.
Despite this, Article 1 Section 19 which states, “No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.” and Article 6 (Suffrage) in its entirety give blacks the right to vote. Simply because the word “race” is not mentioned in the bill of rights with regard to suffrage (being that suffrage is not mentioned at all in the 1876 Texas Constitution’s Bill of Rights), does not imply that it is based on racist principles.
In addition, the original Alaska Constitution (1956) did not have an amendment reaffirming black suffrage. Are the folks who wrote it racists? (Amendment became effective in 1972, 16 years after ratification. And even then, it is not specific to race instead incorporating creed and gender as well.)
The California Constitution (1879) does not have an amendment reaffirming black suffrage. Are the folks who wrote it racists?
The Colorado Constitution (1876) does not have an amendment reaffirming black suffrage. Are the folks who wrote it racists?
These are just three examples of states whose Constitutions were ratified after 1870 and did not originally (or currently)contain a provision specifically reaffirming black suffrage, instead having statutes similar to the ones present in Article 1 Section 19 and Article 6 of the Texas Constitution.
Texas Constitution
http://tarlton.law.utexas.edu/constitutions/text/1876index.html Alaska Constitution
http://www.legis.state.ak.us/cgi-bin/folioisa.dll/acontxtCalifornia Constitution
http://www.leginfo.ca.gov/const.htmlColorado Constitution
http://www.michie.com/colorado/US Constitution
http://www.usconstitution.net/const.htmledit for spacing
[This message has been edited by Captain Quagmire (edited 6/3/2010 6:40p).]