This argument is not new, but there's simply no value going through it. After all, under Reconstruction entirely new state goernments were established. Most of the members of their legislatures were recently freed African-Americans. Many Southerners didn't like that. In the Compromise of 1876, the Union handed Southern state governments back to the equivalent of "white citizens councils", and Tilden didn't become President.
Next time we'll do it different, OK!?
An intersting sidenote: I recently read a book by conservative columnist Dinesh D'Souza. He wrote that if we get enough judges through, they can declare progressive income taxation a violation of the equal protection clause of the 14th amendment. This would mandate a flat income tax (if there were an income tax at all).
Thoughts?