south carolina katzenbach argued decided march invoking original jurisdiction art iii constitution south carolina filed bill complaint seeking declaration unconstitutionality certain provisions voting rights act injunction enforcement defendant attorney general act key features aimed areas voting discrimination flagrant coverage formula triggering mechanism determining applicability substantive provisions provision temporary suspension state voting tests devices procedure review new voting rules program using federal examiners qualify applicants registration thereafter entitled vote elections remedial sections automatically apply state subdivision attorney general determined maintained november registration voting test device literacy educational character voucher requirement defined according census director determination less half residents registered voted presidential election statutory coverage may terminated declaratory judgment district columbia district preceding five years racially discriminatory voting tests devices used person covered area may denied voting rights failure comply test device following administrative determinations enforcement temporarily suspended south carolina literacy test well tests devices certain areas act provides suspension period state subdivision may apply new voting rules unless attorney general interposed objection within days submission district columbia district issued declaratory judgment rules racially discriminatory south carolina wishes apply recent amendment voting laws without following procedures political subdivision tests devices suspended civil service commission shall appoint voting examiners whenever attorney general considering specified factors duly certified receiving complaints official racial voting discrimination least residents examiners appointment otherwise necessary fifteenth amendment examiners transmit appropriate officials names applicants find qualified persons may vote election days following transmission names removal examiners names voting lists provided loss eligibility successful challenge prescribed procedures use examiners terminated requested attorney general political subdivision obtained declaratory judgment specified following certification attorney general federal examiners appointed two south carolina counties well elsewhere subsidiary cures persistent voting discrimination special provisions also contained act addition general assault act unconstitutionally encroaching rights specific constitutional challenges plaintiff certain amici curiae coverage formula violates principle equality denies due process invalid presumption bars judicial review administrative findings bill attainder legislatively adjudicates guilt review new voting rules infringes art iii directing district issue advisory opinions assignment federal examiners violates due process foreclosing judicial review administrative findings impairs separation powers giving attorney general judicial functions challenge procedure denies due process account speed provisions adjudication district columbia abridge due process limiting litigation distant forum held judicial review cover portions voting rights act challenged plaintiff extend act criminal provisions south carolina challenge premature pp sections act properly valid effectuation fifteenth amendment pp act voluminous legislative history discloses unremitting ingenious defiance certain parts country fifteenth amendment see paragraphs infra congress concluded called sterner elaborate measures previously used beginning years repeal legislation enforce fifteenth amendment alabama georgia louisiana mississippi north carolina south carolina virginia enacted tests still use specifically designed prevent negroes voting permitting white persons vote pp variety methods used thereafter keep negroes voting one principal means racially discriminatory application voting tests pp litigation voting discrimination civil rights acts appreciably increased negro registration voting suits onerous prepare protracted successful often followed shift discriminatory devices defiance evasion orders pp state person within meaning due process clause fifth amendment standing invoke bill attainder clause art principle separation powers exist protect private individuals groups pp congress reserved powers may use rational means effectuate constitutional prohibition racial voting discrimination fifteenth amendment supersedes contrary exertions state power enforcement confined judicial invalidation racially discriminatory state statutes procedures general legislative prohibitions violations amendment pp congress whose power enforce fifteenth amendment repeatedly upheld past free use whatever means appropriate carry objects constitution mcculloch maryland wheat ex parte virginia pp determined litigation inadequate deal racial voting discrimination congress ample authority prescribe remedies requiring prior adjudication congress well within powers focusing upon geographic areas substantial racial voting discrimination occurred pp congress reliable evidence voting discrimination great majority areas covered act warranted inferring significant danger racial voting discrimination areas formula applies pp coverage formula rational theory since tests devices long used disenfranchisement lower voting rate obviously results disenfranchisement coverage formula rational aimed areas widespread discrimination existed misuse tests devices even though excludes certain areas voting discrimination means act moreover strengthens existing remedies discrimination areas pp provision termination behest coverage adequately deals possible overbreadth burden proof imposed unreasonable pp limiting litigation single district columbia permissible exercise power art iii constitution previously exercised congress occasions pp act bar judicial review findings attorney general census director objective data unreasonable sanctioned withdrawal judicial review administrative determinations numerous situations pp congress power suspend literacy tests found tests used discriminatory purposes covered continuance even fairly administered freeze effect past discrimination voters harsh alternative sincerely complain electoral dilution negro illiterates long permitted white illiterates vote congress warranted suspending pending federal scrutiny new voting regulations view way previously employed new rules circumvent adverse federal decrees provision whereby state whose voting laws suspended must obtain judicial review amendment laws district district columbia presents controversy art iii constitution therefore involve advisory opinion contravening provision procedure appointing federal examiners appropriate congressional response local tactics used defy evade federal decrees challenge procedures contain precautionary features error fraud amply warranted view congress knowledge harassing challenging tactics registered negroes section adequate standards guide determination attorney general selection areas federal examiners appointed termination procedures provide indirect judicial review pp david robinson ii daniel mcleod attorney general south carolina argued cause plaintiff brief david robinson attorney general katzenbach defendant argued cause pro se brief solicitor general marshall assistant attorney general doar ralph spritzer louis claiborne robert rifkind david norman alan marer mcilwaine iii assistant attorney general argued cause commonwealth virginia amicus curiae support plaintiff brief robert button attorney general henry wickham jack gremillion attorney general argued cause state louisiana amicus curiae support plaintiff brief harry kron assistant attorney general thomas mcferrin sidney provensal alfred avins richmond flowers attorney general francis mizell argued cause state alabama amicus curiae support plaintiff briefs george wallace governor alabama gordon madison assistant attorney general reid barnes joe patterson attorney general charles clark special assistant attorney general argued cause state mississippi amicus curiae support plaintiff brief dugas shands assistant attorney general freeman leverett deputy assistant attorney general argued cause state georgia amicus curiae support plaintiff brief arthur bolton attorney general levin campbell assistant attorney general archibald cox special assistant attorney general argued cause commonwealth massachusetts amicus curiae support defendant campbell brief edward brooke attorney general joined following attorneys general officials follows bert kobayashi hawaii john dillon indiana theodore wilson assistant attorney general john moss deputy attorney general lawrence scalise iowa robert londerholm kansas richard dubord maine thomas finan maryland frank kelley michigan robert derengoski solicitor general forrest anderson montana arthur sills new jersey louis lefkowitz new york charles nesbitt oklahoma charles owens assistant attorney general robert thornton oregon walter alessandroni pennsylvania joseph nugent rhode island john connarn vermont donald robertson west virginia bronson lafollette wisconsin alan handler first assistant attorney general argued cause state new jersey amicus curiae support defendant briefs amici curiae support defendant filed thomas lynch attorney general miles rubin senior assistant attorney general dan kaufmann assistant attorney general charles mckesson david rakov philip rosten deputy attorneys general state california william clark attorney general richard friedman first assistant attorney general richard michael philip rock assistant attorneys general state illinois chief justice warren delivered opinion leave south carolina filed bill complaint seeking declaration selected provisions voting rights act violate federal constitution asking injunction enforcement provisions attorney general original jurisdiction founded presence controversy state citizen another state art iii constitution see georgia pennsylvania issues fact raised complaint south carolina desire obtain ruling prior primary elections june dispensed appointment special master expedited hearing case recognizing questions presented urgent concern entire country invited participate proceeding friends majority responded submitting joining briefs merits supporting south carolina others attorney general seven also requested received permission argue case orally hearing without exception despite emotional overtones proceeding briefs oral arguments temperate lawyerlike constructive viewpoints issues fully developed additional assistance helpful voting rights act designed congress banish blight racial discrimination voting infected electoral process parts country nearly century act creates stringent new remedies voting discrimination persists pervasive scale addition statute strengthens existing remedies pockets voting discrimination elsewhere country congress assumed power prescribe remedies fifteenth amendment authorizes national legislature effectuate appropriate measures constitutional prohibition racial discrimination voting hold sections act properly us appropriate means carrying congress constitutional responsibilities consonant provisions constitution therefore deny south carolina request enforcement sections act enjoined constitutional propriety voting rights act must judged reference historical experience reflects enacting measure congress explored great care problem racial discrimination voting house senate committees judiciary held hearings nine days received testimony total witnesses three full days consumed discussing bill floor house debate senate covered days close deliberations verdict chambers overwhelming house approved bill vote measure passed senate margin two points emerge vividly voluminous legislative history act contained committee hearings floor debates first congress felt confronted insidious pervasive evil perpetuated certain parts country unremitting ingenious defiance constitution second congress concluded unsuccessful remedies prescribed past replaced sterner elaborate measures order satisfy clear commands fifteenth amendment pause summarize majority reports house senate committees document considerable detail factual basis reactions congress see hereinafter cited house report pt hereinafter cited senate report fifteenth amendment constitution ratified promptly thereafter congress passed enforcement act made crime public officers private persons obstruct exercise right vote statute amended following year provide detailed federal supervision electoral process registration certification returns years passed fervor racial equality waned enforcement laws became spotty ineffective provisions repealed remnants little significance recently renewed battle voting discrimination meanwhile beginning alabama georgia louisiana mississippi north carolina south carolina virginia enacted tests still use specifically designed prevent negroes voting typically made ability read write registration qualification also required completion registration form laws based fact named adult negroes illiterate less adult whites unable read write time alternate tests prescribed named assure white illiterates deprived franchise included grandfather clauses property qualifications good character tests requirement registrants understand interpret certain matter course subsequent fifteenth amendment litigation demonstrates variety persistence similar institutions designed deprive negroes right vote grandfather clauses invalidated guinn myers anderson procedural hurdles struck lane wilson white primary outlawed smith allwright terry adams improper challenges nullified thomas racial gerrymandering forbidden gomillion lightfoot finally discriminatory application voting tests condemned schnell davis alabama louisiana according evidence recent justice department voting suits latter stratagem principal method used bar negroes polls discriminatory administration voting qualifications found eight alabama cases nine louisiana cases nine mississippi cases gone final judgment moreover almost cases courts held discrimination pursuant widespread pattern practice white applicants registration often excused altogether literacy understanding tests given easy versions received extensive help voting officials registered despite serious errors answers negroes hand typically required pass difficult versions tests without outside assistance without slightest error requirement vague subjective constituted open invitation abuse hands voting officials negroes obliged obtain vouchers registered voters found virtually impossible comply areas almost negroes rolls recent years congress repeatedly tried cope problem facilitating litigation voting discrimination civil rights act authorized attorney general seek injunctions public private interference right vote racial grounds perfecting amendments civil rights act permitted joinder parties defendant gave attorney general access local voting records authorized courts register voters areas systematic discrimination title civil rights act expedited hearing voting cases courts outlawed tactics used disqualify negroes voting federal elections despite earnest efforts justice department many federal judges new laws done little cure problem voting discrimination according estimates attorney general hearings act registration negroes alabama rose louisiana barely inched ahead mississippi increased instance registration whites ran roughly percentage points ahead negro registration previous legislation proved ineffective number reasons voting suits unusually onerous prepare sometimes requiring many spent combing registration records preparation trial litigation exceedingly slow part ample opportunities delay afforded voting officials others involved proceedings even favorable decisions finally obtained affected merely switched discriminatory devices covered federal decrees enacted difficult new tests designed prolong existing disparity white negro registration alternatively certain local officials defied evaded orders simply closed registration offices freeze voting rolls provision law authorizing registration federal officers little impact local maladministration procedural complexities hearings debates act selma alabama repeatedly referred example ineffectiveness existing legislation dallas county selma seat four years litigation justice department two findings federal courts widespread voting discrimination yet four years negro registration rose although approximately negroes voting age county possibility figures attributable political apathy dispelled protest demonstrations selma early months house committee judiciary summed reaction congress developments following words litigation dallas county took years open door exercise constitutional rights conferred almost century ago problem national scale difficulties experienced suits dallas county encountered existing voting laws four years long burden heavy wrong citizens serious damage national conscience great adopt effective measures exist today essential justification pending bill house report ii voting rights act reflects congress firm intention rid country racial discrimination voting heart act complex scheme stringent remedies aimed areas voting discrimination flagrant section lays formula defining political subdivisions new remedies apply first remedies contained suspension literacy tests similar voting qualifications period five years last occurrence substantial voting discrimination section prescribes second remedy suspension new voting regulations pending review federal authorities determine whether use perpetuate voting discrimination third remedy covered assignment federal examiners certification attorney general list qualified applicants thereafter entitled vote elections provisions act prescribe subsidiary cures persistent voting discrimination section authorizes appointment federal places federal examiners already assigned section excuses made eligible vote sections country covered act paying accumulated past poll taxes state local elections section provides balloting persons denied access polls areas federal examiners appointed remaining remedial portions act aimed voting discrimination area country may occur section broadly prohibits use voting rules abridge exercise franchise racial grounds sections strengthen existing procedures attacking voting discrimination means litigation section excuses citizens educated american schools conducted foreign language passing literacy tests section facilitates constitutional litigation challenging imposition poll taxes state local elections sections authorize civil criminal sanctions interference exercise rights guaranteed act outset emphasize many portions act properly us south carolina challenged miscellaneous provisions nothing lawsuit judicial review sections must await subsequent litigation addition find south carolina attack premature person yet subjected even threatened criminal sanctions sections act authorize see raines consequently sections act reviewed time certain procedural portions presently actual operation south carolina turn detailed description provisions present status coverage formula remedial sections act assailed south carolina automatically apply state separate political subdivision county parish two findings made attorney general determined november maintained test device director census determined less residents registered november voted presidential election november findings reviewable final upon publication federal register used throughout act phrase test device means requirement registrant voter must demonstrate ability read write understand interpret matter demonstrate educational achievement knowledge particular subject possess good moral character prove qualifications voucher registered voters members class statutory coverage state political subdivision terminated area obtains declaratory judgment district district columbia determining tests devices used preceding five years abridge franchise racial grounds attorney general shall consent entry judgment reason believe facts otherwise purposes section tests devices deemed used forbidden manner incidents discrimination number promptly corrected continuing effects abated unlikely recur future hand area may obtain declaratory judgment five years final decision federal denial judgment section act determining discrimination use tests devices occurred anywhere state political subdivision declaratory judgment actions heard panel direct appeal south carolina brought within coverage formula act august pursuant appropriate administrative determinations challenged proceeding day coverage also extended alabama alaska georgia louisiana mississippi virginia counties north carolina one county arizona two counties arizona one county hawaii one county idaho added list november thus far alaska three arizona counties single county idaho asked district district columbia grant declaratory judgment terminating statutory coverage suspension tests state political subdivision covered act person may denied right vote election failure comply test device account provision south carolina temporarily barred enforcing portion voting laws requires every applicant registration show read write section state constitution submitted registration officer show owns paid taxes collectible previous year property state assessed three hundred dollars code ann review new rules state political subdivision covered act person may denied right vote election failure comply voting qualification procedure different force november suspension new rules terminated however either following circumstances area submitted rules attorney general interposed objection within days area obtained declaratory judgment district district columbia determining rules abridge franchise racial grounds declaratory judgment actions heard panel direct appeal south carolina altered voting laws extend closing hour polling places state sought judicial review change district district columbia submitted new rule attorney general scrutiny although hearing attorney general announced challenge amendment indications record sections country listed also altered voting laws since november federal examiners political subdivision covered act civil service commission shall appoint voting examiners whenever attorney general certifies either following facts received meritorious written complaints least residents alleging disenfranchised color law race appointment examiners otherwise necessary effectuate guarantees fifteenth amendment making latter determination attorney general must consider among factors whether registration ratio whites seems reasonably attributable racial discrimination whether substantial evidence efforts comply fifteenth amendment certifications reviewable effective upon publication federal register examiners appointed test voting qualifications applicants according regulations civil service commission prescribing times places procedures forms person meets voting requirements state law insofar suspended act must promptly placed list eligible voters examiners transmit lists least month appropriate state local officials turn required place listed names official voting rolls person listed examiner entitled vote elections held days name transmitted person shall removed voting list examiner lost eligibility valid state law successfully challenged procedure prescribed act challenge must filed office within state designated civil service commission must submitted within days listing made available public inspection must supported affidavits least two people personal knowledge relevant facts must served person challenged mail residence hearing officer appointed civil service commission shall hear challenge render decision within days challenge filed petition review hearing officer decision must submitted within additional days service decision person seeking review appeals circuit person challenged resides hear petition affirm hearing officer decision unless clearly erroneous person listed examiner entitled vote pending final decision hearing officer listing procedures political subdivision terminated either following circumstances attorney general informs civil service commission persons listed examiners placed official voting rolls longer reasonable cause fear abridgment franchise racial grounds political subdivision obtained declaratory judgment district district columbia ascertaining facts govern termination attorney general director census determined residents voting age registered vote political subdivision may petition attorney general terminate listing procedures authorize necessary census district shall request census attorney general refusal arbitrary unreasonable determinations director census reviewable final upon publication federal register october attorney general certified need federal examiners two south carolina counties examiners appointed civil service commission serving since november examiners also assigned counties alabama five parishes louisiana counties mississippi examiners listing people found eligible vote challenge procedure employed extensively political subdivision yet sought federal examiners withdrawn attorney general district district columbia iii provisions voting rights act challenged fundamental ground exceed powers congress encroach area reserved constitution south carolina certain amici curiae also attack specific sections act particular reasons argue coverage formula prescribed violates principle equality denies due process employing invalid presumption barring judicial review administrative findings constitutes forbidden bill attainder impairs separation powers adjudicating guilt legislation claim review new voting rules required infringes article iii directing district issue advisory opinions contend assignment federal examiners authorized abridges due process precluding judicial review administrative findings impairs separation powers giving attorney general judicial functions also challenge procedure prescribed denies due process account speed finally south carolina certain amici curiae maintain buttressed act abridge due process limiting litigation distant forum contentions may dismissed outset word person context due process clause fifth amendment reasonable mode interpretation expanded encompass union knowledge never done see international shoe cocreham la cf city jackson likewise courts consistently regarded bill attainder clause article principle separation powers protections individual persons private groups peculiarly vulnerable nonjudicial determinations guilt see brown ex parte garland wall state standing parent citizens invoke constitutional provisions federal government ultimate parens patriae every american citizen massachusetts mellon florida mellon objections act raised provisions may therefore considered additional aspects basic question presented case congress exercised powers fifteenth amendment appropriate manner relation ground rules resolving question clear language purpose fifteenth amendment prior decisions construing several provisions general doctrines constitutional interpretation point one fundamental principle reserved powers congress may use rational means effectuate constitutional prohibition racial discrimination voting cf rulings last term sustaining title ii civil rights act heart atlanta motel katzenbach mcclung turn detailed description standards govern review act section fifteenth amendment declares right citizens vote shall denied abridged state account race color previous condition servitude declaration always treated repeatedly construed without legislative specification invalidate state voting qualifications procedures discriminatory face practice see neal delaware guinn myers anderson lane wilson smith allwright schnell davis terry adams thomas gomillion lightfoot alabama louisiana decisions rendered full respect general rule reiterated last term carrington rash broad powers determine conditions right suffrage may exercised gist matter fifteenth amendment supersedes contrary exertions state power state exercises power wholly within domain state interest insulated federal judicial review insulation carried state power used instrument circumventing federally protected right gomillion lightfoot south carolina contends cases cited precedents authority judiciary strike state statutes procedures allow exercise authority congress rob courts rightful constitutional role contrary fifteenth amendment expressly declares congress shall power enforce article appropriate legislation adding authorization framers indicated congress chiefly responsible implementing rights created power congress enlarged congress authorized enforce prohibitions appropriate legislation legislation contemplated make civil war amendments fully effective ex parte virginia accordingly addition courts congress full remedial powers effectuate constitutional prohibition racial discrimination voting congress repeatedly exercised powers past enactments repeatedly upheld recent examples see civil rights act sustained raines thomas supra hannah larche civil rights act upheld alabama supra louisiana supra mississippi rare occasions found unconstitutional exercise powers opinion congress attacked evils comprehended fifteenth amendment see reese james bowman basic test applied case involving fifteenth amendment cases concerning express powers congress relation reserved powers chief justice marshall laid classic formulation years fifteenth amendment ratified let end legitimate let within scope constitution means appropriate plainly adapted end prohibited consist letter spirit constitution constitutional mcculloch maryland wheat whatever legislation appropriate adapted carry objects amendments view whatever tends enforce submission prohibitions contain secure persons enjoyment perfect equality civil rights equal protection laws state denial invasion prohibited brought within domain congressional power ex parte virginia therefore reject south carolina argument congress may appropriately forbid violations fifteenth amendment general terms task fashioning specific remedies applying particular localities must necessarily left entirely courts congress circumscribed artificial rules fifteenth amendment words chief justice marshall referring another specific legislative authorization constitution power like others vested congress complete may exercised utmost extent acknowledges limitations prescribed constitution gibbons ogden wheat iv congress exercised authority fifteenth amendment inventive manner enacted voting rights act first measure prescribes remedies voting discrimination go effect without need prior adjudication clearly legitimate response problem ample precedent constitutional provisions see katzenbach mcclung darby congress found litigation inadequate combat widespread persistent discrimination voting inordinate amount time energy required overcome obstructionist tactics invariably encountered lawsuits enduring nearly century systematic resistance fifteenth amendment congress might well decide shift advantage time inertia perpetrators evil victims question remains course whether specific remedies prescribed act appropriate means combatting evil question shall presently address second act intentionally confines remedies small number political subdivisions instances familiar congress name permissible method dealing problem congress learned substantial voting discrimination presently occurs certain sections country knew way accurately forecasting whether evil might spread elsewhere future acceptable legislative fashion congress chose limit attention geographic areas immediate action seemed necessary see mcgowan maryland salsburg maryland doctrine equality invoked south carolina bar approach doctrine applies terms upon admitted union remedies local evils subsequently appeared see coyle smith cases cited therein coverage formula consider related question whether specific political subdivisions within act appropriate target new remedies south carolina contends coverage formula awkwardly designed number respects disregards various local conditions nothing racial discrimination arguments however largely beside point congress began work reliable evidence actual voting discrimination great majority political subdivisions affected new remedies act formula eventually evolved describe areas relevant problem voting discrimination congress therefore entitled infer significant danger evil remaining political subdivisions covered act required justify application areas congress express powers fifteenth amendment cf north american assigned car cases specific new remedies act imposed three alabama louisiana mississippi federal courts repeatedly found substantial voting discrimination section act also embraces two georgia south carolina plus large portions third state north carolina fragmentary evidence recent voting discrimination mainly adduced justice department civil rights commission areas appropriately subjected new remedies identifying past evils congress obviously may avail information probative source see heart atlanta motel katzenbach mcclung areas listed evidence actual voting discrimination share two characteristics incorporated congress coverage formula use tests devices voter registration voting rate presidential election least points national average tests devices relevant voting discrimination long history tool perpetrating evil low voting rate pertinent obvious reason widespread disenfranchisement must inevitably affect number actual voters accordingly coverage formula rational practice theory therefore permissible impose new remedies remaining political subdivisions covered formula least absence proof free substantial voting discrimination recent years congress clearly bound rules relating statutory presumptions criminal cases prescribes civil remedies organs government fifteenth amendment compare romano tot irrelevant coverage formula excludes certain localities employ voting tests devices evidence voting discrimination means congress learned widespread persistent discrimination voting recent years typically entailed misuse tests devices evil new remedies specifically designed time act congress strengthened existing remedies voting discrimination areas country legislation need deal phases problem way long distinctions drawn basis practical experience see williamson lee optical railway express agency new york political subdivisions exempted coverage record reveals recent racial discrimination involving tests devices fact confirms rationality formula acknowledging possibility overbreadth act provides termination special statutory coverage behest political subdivisions danger substantial voting discrimination materialized preceding five years despite south carolina argument contrary congress might appropriately limit litigation provision single district columbia pursuant constitutional power art iii ordain establish inferior federal tribunals see bowles willingham yakus lockerty phillips present time contractual claims must brought claims district columbia sole venue suits federal officers officially residing nation capital discovered suggestion congress exceeded constitutional bounds imposing limitations litigation federal government act less reasonable respect south carolina contends termination procedures nullity impose impossible burden proof upon political subdivisions entitled relief attorney general pointed hearings act however area need submit affidavits voting officials asserting guilty racial discrimination use tests devices past five years refute whatever evidence contrary may adduced federal government section assures area need disprove isolated instance voting discrimination order obtain relief termination proceedings burden proof therefore quite bearable particularly since relevant facts relating conduct voting officials peculiarly within knowledge political subdivisions see new york cf ralston purina act bars direct judicial review findings attorney general director census trigger application coverage formula reject claim alabama amicus curiae provision invalid allows new remedies act imposed arbitrary way already permitted congress withdraw judicial review administrative determinations numerous cases involving statutory rights private parties example see california eastern line switchmen union national mediation instance findings subject review consist objective statistical determinations census bureau routine analysis state statutes justice department functions unlikely arouse plausible dispute south carolina apparently concedes event formula improperly applied area affected always go obtain termination coverage provided course guilty voting discrimination recent years procedure serves partial substitute direct judicial review suspension tests arrive consideration specific remedies prescribed act areas included within coverage formula south carolina assails temporary suspension existing voting qualifications reciting rule laid lassiter northampton county bd elections literacy tests related devices contrary fifteenth amendment case however went say course literacy test fair face may employed perpetuate discrimination fifteenth amendment designed uproot record shows covered act including south carolina various tests devices instituted purpose disenfranchising negroes framed way facilitate aim administered discriminatory fashion many years circumstances fifteenth amendment clearly violated see louisiana alabama schnell davis act suspends literacy tests similar devices period five years last occurrence substantial voting discrimination legitimate response problem ample precedent fifteenth amendment cases ibid underlying response feeling political subdivisions allowing white illiterates vote years sincerely complain dilution electorates registration negro illiterates congress knew continuance tests devices use present time matter fairly administered future freeze effect past discrimination favor unqualified white registrants congress permissibly rejected alternative requiring complete voters believing harsh many whites enjoyed franchise entire adult lives review new rules act suspends new voting regulations pending scrutiny federal authorities determine whether use violate fifteenth amendment may uncommon exercise congressional power south carolina contends recognized exceptional conditions justify legislative measures otherwise appropriate see home bldg loan assn blaisdell wilson new congress knew covered act resorted extraordinary stratagem contriving new rules various kinds sole purpose perpetuating voting discrimination face adverse federal decrees congress reason suppose might try similar maneuvers future order evade remedies voting discrimination contained act compulsion unique circumstances congress responded permissibly decisive manner reasons already stated nothing inappropriate limiting litigation provision district district columbia putting burden proof areas seeking relief congress authorized district issue advisory opinions violation principles article iii invoked georgia amicus curiae act automatically suspends operation voting regulations enacted november furnishes mechanisms enforcing suspension state political subdivision wishing make use recent amendment voting laws therefore concrete immediate controversy federal government cf public utilities california appropriate remedy judicial determination continued suspension new rule unnecessary vindicate rights guaranteed fifteenth amendment federal examiners act authorizes appointment federal examiners list qualified applicants thereafter entitled vote subject expeditious challenge procedure clearly appropriate response problem closely related remedies authorized prior cases see alabama supra thomas many political subdivisions covered act voting officials persistently employed variety procedural tactics deny negroes franchise often direct defiance evasion federal decrees congress realized merely suspend voting rules misused subject misuse might leave localized evil undisturbed briskness challenge procedure congress knew areas affected challenges persistently employed harass registered negroes chose forestall abuse time providing alternative ways removing persons listed error fraud addition judicial challenge procedure allows removal names examiner makes crime obtain listing fraud recognition fact political subdivisions covered act appointment federal examiners might unnecessary congress assigned attorney general task determining localities examiners sent warrant claim asserted georgia amicus curiae attorney general free use power arbitrary fashion without regard purposes act section sets adequate standards guide exercise discretion directing calculate registration ratio nonwhites whites weigh evidence efforts avoid possible voting discrimination time special termination procedures provide indirect judicial review political subdivisions affected assuring withdrawal federal examiners areas clearly needed cf carlson landon mulford smith enduring nearly century widespread resistance fifteenth amendment congress marshalled array potent weapons evil authority attorney general employ effectively many areas directly affected development indicated willingness abide restraints legitimately imposed upon hold portions voting rights act properly us valid means carrying commands fifteenth amendment hopefully millions americans able participate first time equal basis government live may finally look forward day truly right citizens vote shall denied abridged state account race color previous condition servitude bill complaint dismissed appendix opinion voting rights act act enacted senate house representatives america congress assembled act shall known voting rights act sec voting qualification prerequisite voting standard practice procedure shall imposed applied state political subdivision deny abridge right citizen vote account race color sec whenever attorney general institutes proceeding statute enforce guarantees fifteenth amendment state political subdivision shall authorize appointment federal examiners civil service commission accordance section serve period time political subdivisions shall determine appropriate enforce guarantees fifteenth amendment part interlocutory order determines appointment examiners necessary enforce guarantees part final judgment finds violations fifteenth amendment justifying equitable relief occurred state subdivision provided need authorize appointment examiners incidents denial abridgement right vote account race color number promptly effectively corrected state local action continuing effect incidents eliminated reasonable probability recurrence future proceeding instituted attorney general statute enforce guarantees fifteenth amendment state political subdivision finds test device used purpose effect denying abridging right citizen vote account race color shall suspend use tests devices state political subdivisions shall determine appropriate period deems necessary proceeding instituted attorney general statute enforce guarantees fifteenth amendment state political subdivision finds violations fifteenth amendment justifying equitable relief occurred within territory state political subdivision addition relief may grant shall retain jurisdiction period may deem appropriate period voting qualification prerequisite voting standard practice procedure respect voting different force effect time proceeding commenced shall enforced unless finds qualification prerequisite standard practice procedure purpose effect denying abridging right vote account race color provided qualification prerequisite standard practice procedure may enforced qualification prerequisite standard practice procedure submitted chief legal officer appropriate official state subdivision attorney general attorney general interposed objection within sixty days submission except neither finding attorney general failure object shall bar subsequent action enjoin enforcement qualification prerequisite standard practice procedure sec assure right citizens vote denied abridged account race color citizen shall denied right vote federal state local election failure comply test device state respect determinations made subsection political subdivision respect determinations made separate unit unless district district columbia action declaratory judgment brought state subdivision determined test device used five years preceding filing action purpose effect denying abridging right vote account race color provided declaratory judgment shall issue respect plaintiff period five years entry final judgment denial declaratory judgment section whether entered prior enactment act determining denials abridgments right vote account race color use tests devices occurred anywhere territory plaintiff action pursuant subsection shall heard determined three judges accordance provisions section title code appeal shall lie shall retain jurisdiction action pursuant subsection five years judgment shall reopen action upon motion attorney general alleging test device used purpose effect denying abridging right vote account race color attorney general determines reason believe test device used five years preceding filing action purpose effect denying abridging right vote account race color shall consent entry judgment provisions subsection shall apply state political subdivision state attorney general determines maintained november test device respect director census determines less per centum persons voting age residing therein registered november less per centum persons voted presidential election november determination certification attorney general director census section section section shall reviewable shall effective upon publication federal register phrase test device shall mean requirement person prerequisite voting registration voting demonstrate ability read write understand interpret matter demonstrate educational achievement knowledge particular subject possess good moral character prove qualifications voucher registered voters members class purposes section state political subdivision shall determined engaged use tests devices purpose effect denying abridging right vote account race color incidents use number promptly effectively corrected state local action continuing effect incidents eliminated reasonable probability recurrence future congress hereby declares secure rights fourteenth amendment persons educated schools predominant classroom language english necessary prohibit conditioning right vote persons ability read write understand interpret matter english language person demonstrates successfully completed sixth primary grade public school private school accredited state territory district columbia commonwealth puerto rico predominant classroom language english shall denied right vote federal state local election inability read write understand interpret matter english language except state law provides different level education presumptive literacy shall demonstrate successfully completed equivalent level education public school private school accredited state territory district columbia commonwealth puerto rico predominant classroom language english sec whenever state political subdivision respect prohibitions set forth section effect shall enact seek administer voting qualification prerequisite voting standard practice procedure respect voting different force effect november state subdivision may institute action district district columbia declaratory judgment qualification prerequisite standard practice procedure purpose effect denying abridging right vote account race color unless enters judgment person shall denied right vote failure comply qualification prerequisite standard practice procedure provided qualification prerequisite standard practice procedure may enforced without proceeding qualification prerequisite standard practice procedure submitted chief legal officer appropriate official state subdivision attorney general attorney general interposed objection within sixty days submission except neither attorney general failure object declaratory judgment entered section shall bar subsequent action enjoin enforcement qualification prerequisite standard practice procedure action section shall heard determined three judges accordance provisions section title code appeal shall lie sec whenever authorized appointment examiners pursuant provisions section unless declaratory judgment rendered section attorney general certifies respect political subdivision named included within scope determinations made section received complaints writing twenty residents political subdivision alleging denied right vote color law account race color believes complaints meritorious judgment considering among factors whether ratio nonwhite persons white persons registered vote within subdivision appears reasonably attributable violations fifteenth amendment whether substantial evidence exists bona fide efforts made within subdivision comply fifteenth amendment appointment examiners otherwise necessary enforce guarantees fifteenth amendment civil service commission shall appoint many examiners subdivision may deem appropriate prepare maintain lists persons eligible vote federal state local elections examiners hearing officers provided section persons deemed necessary commission carry provisions purposes act shall appointed compensated separated without regard provisions statute administered civil service commission service act shall considered employment purposes statute administered civil service commission except provisions section act august amended prohibiting partisan political activity provided commission authorized consulting head appropriate department agency designate suitable persons official service consent serve positions examiners hearing officers shall power administer oaths sec examiners political subdivision shall places civil service commission shall regulation designate examine applicants concerning qualifications voting application examiner shall form commission may require shall contain allegations applicant otherwise registered vote person examiner finds accordance instructions received section qualifications prescribed state law inconsistent constitution laws shall promptly placed list eligible voters challenge listing may made accordance section shall basis prosecution section act examiner shall certify transmit list supplements appropriate least month offices appropriate election officials copies attorney general attorney general state lists supplements thereto transmitted month shall available public inspection last business day month event later day prior election appropriate state local election official shall place names official voting list person whose name appears examiner list shall entitled allowed vote election district residence unless appropriate election officials shall notified person removed list accordance subsection provided person shall entitled vote election virtue act unless name shall certified transmitted list offices appropriate election officials least days prior election examiner shall issue person whose name appears list certificate evidencing eligibility vote person whose name appears list shall removed therefrom examiner person successfully challenged accordance procedure prescribed section determined examiner lost eligibility vote state law inconsistent constitution laws sec whenever examiner serving act political subdivision civil service commission may assign request attorney general one persons may officers enter attend place holding election subdivision purpose observing whether persons entitled vote permitted vote enter attend place tabulating votes cast election held subdivision purpose observing whether votes cast persons entitled vote properly tabulated persons assigned shall report examiner appointed political subdivision attorney general appointment examiners authorized pursuant section sec challenge listing eligibility list prepared examiner shall heard determined hearing officer appointed responsible civil service commission rules commission shall regulation prescribe challenge shall entertained filed office within state civil service commission shall regulation designate within ten days listing challenged person made available public inspection supported affidavits least two persons personal knowledge facts constituting grounds challenge certification copy challenge affidavits served mail person upon person challenged place residence set application challenge shall determined within fifteen days filed petition review decision hearing officer may filed appeals circuit person challenged resides within fifteen days service decision mail person petitioning review decision hearing officer shall reversed unless clearly erroneous person listed shall entitled allowed vote pending final determination hearing officer times places procedures form application listing pursuant act removals eligibility lists shall prescribed regulations promulgated civil service commission commission shall consultation attorney general instruct examiners concerning applicable state law inconsistent constitution laws respect qualifications required listing loss eligibility vote upon request applicant challenger motion civil service commission shall power require subpena attendance testimony witnesses production documentary evidence relating matter pending authority section case contumacy refusal obey subpena district territory possession district district columbia within jurisdiction said person guilty contumacy refusal obey found resides domiciled transacts business appointed agent receipt service process upon application attorney general shall jurisdiction issue person order requiring person appear commission hearing officer produce pertinent relevant nonprivileged documentary evidence ordered give testimony touching matter investigation failure obey order may punished said contempt thereof sec congress finds requirement payment poll tax precondition voting precludes persons limited means voting imposes unreasonable financial hardship upon persons precondition exercise franchise ii bear reasonable relationship legitimate state interest conduct elections iii areas purpose effect denying persons right vote race color upon basis findings congress declares constitutional right citizens vote denied abridged areas requirement payment poll tax precondition voting exercise powers congress section fourteenth amendment section fifteenth amendment attorney general authorized directed institute forthwith name actions including actions political subdivisions declaratory judgment injunctive relief enforcement requirement payment poll tax precondition voting substitute therefor enacted november necessary implement declaration subsection purposes section district courts shall jurisdiction actions shall heard determined three judges accordance provisions section title code appeal shall lie shall duty judges designated hear case assign case hearing earliest practicable date participate hearing determination thereof cause case every way expedited pendency actions thereafter courts notwithstanding action congress declare requirement payment poll tax constitutional citizen resident state political subdivision respect determinations made subsection declaratory judgment entered subsection first year becomes otherwise entitled vote reason registration state local officials listing examiner shall denied right vote failure pay poll tax tenders payment tax current year examiner appropriate state local official least days prior election whether tender timely adequate state law examiner shall authority accept payment person authorized act make application listing shall issue receipt payment examiner shall transmit promptly poll tax payment office state local official authorized receive payment state law together name address applicant sec person acting color law shall fail refuse permit person vote entitled vote provision act otherwise qualified vote willfully fail refuse tabulate count report person vote person whether acting color law otherwise shall intimidate threaten coerce attempt intimidate threaten coerce person voting attempting vote intimidate threaten coerce attempt intimidate threaten coerce person urging aiding person vote attempt vote intimidate threaten coerce person exercising powers duties section whoever knowingly willfully gives false information name address period residence voting district purpose establishing eligibility register vote conspires another individual purpose encouraging false registration vote illegal voting pays offers pay accepts payment either registration vote voting shall fined imprisoned five years provided however provision shall applicable general special primary elections held solely part purpose selecting electing candidate office president vice president presidential elector member senate member house representatives delegates commissioners territories possessions resident commissioner commonwealth puerto rico whoever matter within jurisdiction examiner hearing officer knowingly willfully falsifies conceals material fact makes false fictitious fraudulent statements representations makes uses false writing document knowing contain false fictitious fraudulent statement entry shall fined imprisoned five years sec whoever shall deprive attempt deprive person right secured section shall violate section shall fined imprisoned five years whoever within year following election political subdivision examiner appointed destroys defaces mutilates otherwise alters marking paper ballot cast election alters official record voting election tabulated voting machine otherwise shall fined imprisoned five years whoever conspires violate provisions subsection section interferes right secured section shall fined imprisoned five years whenever person engaged reasonable grounds believe person engage act practice prohibited section subsection section attorney general may institute name action preventive relief including application temporary permanent injunction restraining order order including order directed state state local election officials require permit persons listed act vote count votes whenever political subdivision examiners appointed pursuant act persons allege examiner within hours closing polls notwithstanding listing act registration appropriate election official eligibility vote permitted vote election examiner shall forthwith notify attorney general allegations opinion appear well founded upon receipt notification attorney general may forthwith file district application order providing marking casting counting ballots persons requiring inclusion votes total vote results election shall deemed final force effect given thereto district shall hear determine matters immediately filing application remedy provided subsection shall preclude remedy available state federal law district courts shall jurisdiction proceedings instituted pursuant section shall exercise without regard whether person asserting rights provisions act shall exhausted administrative remedies may provided law sec listing procedures shall terminated political subdivision state respect examiners appointed pursuant clause section whenever attorney general notifies civil service commission whenever district district columbia determines action declaratory judgment brought political subdivision respect director census determined per centum nonwhite persons voting age residing therein registered vote persons listed examiner subdivision placed appropriate voting registration roll longer reasonable cause believe persons deprived denied right vote account race color subdivision respect examiners appointed pursuant section upon order authorizing political subdivision may petition attorney general termination listing procedures clause section may petition attorney general request director census take survey census may appropriate making determination provided section district district columbia shall jurisdiction require survey census made director census shall require deems attorney general refusal request survey census arbitrary unreasonable sec cases criminal contempt arising provisions act shall governed section civil rights act district district columbia appeals proceeding section shall jurisdiction issue declaratory judgment pursuant section section restraining order temporary permanent injunction execution enforcement provision act action federal officer employee pursuant hereto terms vote voting shall include action necessary make vote effective primary special general election including limited registration listing pursuant act action required law prerequisite voting casting ballot ballot counted properly included appropriate totals votes cast respect candidates public party office propositions votes received election term political subdivision shall mean county parish except registration voting conducted supervision county parish term shall include subdivision state conducts registration voting action declaratory judgment brought pursuant section section act subpenas witnesses required attend district district columbia may served judicial district provided writ subpena shall issue witnesses without district columbia greater distance one hundred miles place holding without permission district district columbia first upon proper application cause shown sec section revised statutes amended section civil rights act stat amended section civil rights act stat amended section civil rights act stat amended follows delete word federal wherever appears subsections repeal subsection designate present subsections respectively sec attorney general secretary defense jointly shall make full complete study determine whether laws practices state preconditions voting might tend result discrimination citizens serving armed forces seeking vote officials shall jointly make report congress later june containing results study together list preconditions exist shall include report recommendations legislation deem advisable prevent discrimination voting citizens serving armed forces sec nothing act shall construed deny impair otherwise adversely affect right vote person registered vote law state political subdivision sec hereby authorized appropriated sums necessary carry provisions act sec provision act application thereof person circumstances held invalid remainder act application provision persons similarly situated circumstances shall affected thereby approved august footnotes supporting south carolina alabama georgia louisiana mississippi virginia supporting attorney general california illinois massachusetts joined hawaii indiana iowa kansas maine maryland michigan montana new hampshire new jersey new york oklahoma oregon pennsylvania rhode island vermont west virginia wisconsin see hearings subcommittee house committee judiciary sess hereinafter cited house hearings hearings senate committee judiciary sess hereinafter cited senate hearings see congressional record april may july august facts contained reports confirmed among sources louisiana supp wisdom aff mississippi supp dissenting opinion brown rev rem alabama supp johnson aff aff civil rights voting mississippi civil rights voting civil rights voting pt civil rights pt see generally christopher constitutionality voting rights act stan rev note federal protection negro voting rights rev stat stat stat south carolina constitutional convention leader widespread movement disenfranchise negroes key southern politics senator ben tillman frankly explained state delegates aim new literacy test thing patriots statesmen take ignorant blacks every ballot laws national government equally candid exemption literacy test persons understand explain section state constitution particle fraud illegality simply showing partiality perhaps laughter discriminating described alternative exemption persons paying state property taxes vein means clause simply reach take white men colored men journal constitutional convention state south carolina senator tillman dominant political figure state convention entire address merits examination prior civil war slave made crime teach negroes read write following war rapidly instituted racial segregation public schools throughout period free public education south barely begun develop see brown board education civil rights example see three voting suits brought alabama supp aff aff louisiana supp aff mississippi white applicant louisiana satisfied registrar ability interpret state constitution writing frdum foof spetgh louisiana supp white applicant alabama never completed first grade school enrolled registrar filled entire penton supp panola county mississippi registrar required negroes interpret provision state constitution concerning rate interest fund known chickasaw school fund duke forrest county mississippi registrar rejected six negroes baccalaureate degrees three also masters arts lynd example see atkins example see logue stat stat stat appeals fifth circuit ordered registrars forrest county mississippi give future negro applicants assistance white applicants enjoyed past register future negro applicants despite errors serious enough disqualify white applicants past mississippi legislature promptly responded requiring applicants complete registration forms without assistance error adding provision registration laws mississippi supp dissenting opinion example see parker supp palmer supp convenient reference entire act reprinted appendix opinion section challenged morgan katzenbach supp prob juris noted county bd elections supp section involved texas supp alabama supp see also harper virginia state bd elections term butts harrison term argued together january fed reg ibid fed reg alaska civ act apache county civ act elmore county civ act fed reg chart tests devices effect time act consideration see house hearings senate report code ann brief mississippi amicus curiae app fed reg fed reg fed reg see civil rights voting rights act house report senate report house report senate report house hearings senate hearings congress defense formula see house report senate report house report senate report georgia house hearings senate hearings north carolina senate hearings south carolina house hearings senate hearings house hearings senate hearings regarding claims see concerning suits federal officers see stroud benson sess sess ed moore federal practice house hearings senate hearings house report senate report house report senate report house report senate report house hearings senate hearings house report senate report house report senate report senate hearings house report see civil rights voting rights act justice black concurring dissenting agree substantially opinion sustaining power congress fifteenth amendment suspend state literacy tests similar voting qualifications authorize attorney general secure appointment federal examiners register qualified voters various sections country section fifteenth amendment provides right citizens vote shall denied abridged state account race color previous condition servitude addition unequivocal command federal government citizen shall right vote denied abridged race color amendment unmistakably gives congress specific power go pass appropriate legislation protect right vote method abridgment matter subtle compare dissenting opinion bell maryland doubt whatever power congress enact provisions voting rights act dealing suspension state voting tests used notorious means deny abridge voting rights racial grounds congressional power necessarily exists authorize appointment federal examiners also agree judgment upholding act sets formula determining major remedial sections act take effect reach conclusion however somewhat different reason stated coverage formula rational practice theory base conclusion fact formula rational enough congress creating formula merely exercised hitherto unquestioned undisputed power decide upon conditions laws shall go effect stating specific detail major remedial sections act applied areas certain conditions exist granting attorney general director census unreviewable power make mechanical determination areas come within formula believe congress acted within established power set preconditions upon act go effect see martin mott wheat bush hirabayashi though said agree conclusions dissent holding every part act constitutional section linked suspends five years literacy tests similar devices coming within formula section goes provide state covered way amend constitution laws relating voting without first trying persuade attorney general federal district district columbia new proposed laws purpose effect denying right vote citizens account race color think section unconstitutional least two grounds constitution gives federal courts jurisdiction cases controversies said case controversy arises section gives district district columbia jurisdiction approve reject state laws constitutional amendments case controversy must state government hard believe justiciable controversy arise constitutional sense desire government officials determine advance legislative provisions state may enact constitutional amendments may adopt dispute federal government amounts case controversy far cry traditional constitutional notion case controversy dispute meaning enforceable laws manner applied section congress created case controversy believe seems appropriate judicial forum settling important questions acting original art iii jurisdiction try cases state party least trial treat dignity entitled constituent members federal union form words manipulation presumptions used create illusion case controversy allowed cloud effect section requiring state ask federal approve validity proposed law way become operative congress asked state secure precisely type advisory opinion constitution forbids pointed elsewhere see dissenting opinion griswold connecticut pp drafting constitution wanted give federal courts power issue advisory opinions propose new laws legislative body suggestions rejected likewise reject attempt congress flout constitutional limitations authorizing federal courts render advisory opinions case controversy congress ample power protect rights citizens vote without resorting unnecessarily circuitous indirect unconstitutional route adopted section second basic objection congress exercised power fifteenth amendment adoption means conflict basic principles constitution says limitations power granted limitations imposed exercise powers expressly granted congress constitution classic formulation constitutional limitations stated chief justice marshall said mcculloch maryland wheat let end legitimate let within scope constitution means appropriate plainly adapted end prohibited consist letter spirit constitution constitutional emphasis added section providing pass state laws adopt state constitutional amendments without first compelled beg federal authorities approve policies distorts constitutional structure government render distinction drawn constitution state federal power almost meaningless one basic premises upon structure government founded federal government certain specific limited powers others power reserved either respectively people certainly provisions constitution limit power federal government reserve power mean anything mean least power pass laws amend constitutions without first sending officials hundreds miles away beg federal authorities approve moreover seems gives federal officials power veto state laws like direct conflict clear command constitution shall guarantee every state union republican form government help believe inevitable effect law forces one entreat federal authorities places approval local laws become effective create impression state treated way little conquered provinces one law concerning voting make plead approval distant federal attorney general laws different subjects force seek advance approval attorney general president chosen members staff inconceivable radical degradation state power intended provisions constitution amendments course mean cast doubt whatever upon indisputable power federal government invalidate state law enacted operative ground intrudes area federal power federal government heretofore always content exercise power protect federal supremacy authorizing agents bring lawsuits state officials operative state law created actual case controversy federal law assumes power compel submit advance proposed legislation approval federal agents approaches dangerously near wiping useful effective units government country agree constitutional interpretation leads inevitably result see reason read constitution meanings adopted put since proceedings original constitutional convention show beyond doubt power veto negative state laws denied congress several occasions proposals submitted convention grant power congress proposals debated extensively every occasion submitted vote overwhelmingly rejected refusal give congress extraordinary power veto state laws based belief power resided congress helpless function effective governments since time neither fifteenth amendment amendment constitution given slightest indication purpose grant congress power veto state laws either agents provision constitution endow federal courts power participate state legislative bodies determining state policies shall enacted law judicial power invalidate law case controversy law become effective long way power prevent state passing law agree congress denied power veto state law delegate power attorney general district district columbia effect cases pass laws without sending agents city washington plead federal officials advance approval prior acts congress quite properly vested attorney general extremely broad power protect voting rights citizens discrimination account race color section viewed context minor importance judgment likely serve irritant aid enforcement act hold invalid reasons stated full confidence attorney general ample power give vigorous expeditious effective protection voting rights citizens act stating district district columbia shall issue judgment attempt limit constitutionally created original jurisdiction think section also unconstitutional requirement come washington laws judged reminiscent deeply resented practices used english crown dealing american colonies one abuses complained bitterly king practice holding legislative judicial proceedings inconvenient distant places signers declaration independence protested king called together legislative bodies places unusual uncomfortable distant depository public records sole purpose fatiguing compliance measures objected king transporting us beyond seas tried pretended offences abuses fresh minds framers constitution part caused include art provision criminal trials shall held state said crimes shall committed also included sixth amendment requirement defendant criminal prosecution tried jury state district wherein crime shall committed district shall previously ascertained law see debates federal convention reported james madison documents illustrative formation union american pp one speaker expressing seemed prevailing opinion delegates said proposal state ever agree bound hand foot manner worse making mere corporations section act provides follows provision act application thereof person circumstances held invalid remainder act application provision persons similarly situated circumstances shall affected thereby