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Hawai­ians to vote in elec­tions for the Of­fice of Hawai­ian Af­fairs was un­con­sti­tu­tional. Ka­vanaugh be­lieved the law pro­hib­ited peo­ple from vot­ing be­cause of their race. (The Supreme Court would later agree with that ar­gu­ment in a 7-2 de­ci­sion.)

In 2014, Ka­vanaugh wrote, “The IRS doesn’t have the power to reg­u­late paid tax pre­par­ers.” This was his opin­ion in Sabina Loving v. IRS. He said that such over­sight could make sense, but it was ul­ti­mately “a de­ci­sion for Congress and the Pres­i­dent to make if they wish by en­act­ing new leg­is­la­tion.”

In an in­tro­duc­tion to a speech af­ter the death of Jus­tice William Rehn­quist, he wrote: “We re­vere the Con­sti­tu­tion in this coun­try, and we should. We also, how­ever, must re­mem­ber its flaws. And its great­est flaw was the tol­er­ance of slav­ery. That flaw can­not be air­brushed out of the pic­ture when we cel­e­brate the Con­sti­tu­tion. It was not un­til the 1860s, af­ter the Civil War, that this orig­i­nal sin was cor­rected in part, at least on pa­per, by rat­i­fi­ca­tion of the 13th, 14th, and 15th Amend­ments to the Con­sti­tu­tion. Many think we could use a few more con­sti­tu­tional amend­ments: term lim­its for Supreme Court jus­tices, term lim­its for mem­bers of Congress, an equal rights amend­ment, a balanced bud­get amend­ment, abo­li­tion of the death penalty.”

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