katzenbach morgan argued april decided june together new york city board elections morgan et also appeal appellees registered voters new york city brought suit challenge constitutionality voting rights act extent provision prohibits enforcement statutory requirement literacy english applied numerous new york city residents puerto rico requirement previously denied right vote section provides person completed sixth grade public school accredited private school puerto rico language instruction english shall disfranchised inability read write english district granted appellees declaratory injunctive relief holding enacting congress exceeded powers held section proper exercise powers fourteenth amendment virtue supremacy clause new york english literacy requirement enforced extent conflicts pp though power fix voting qualifications contrary fourteenth amendment constitutional provision congress power fourteenth amendment enact legislation prohibiting enforcement state law limited situations state law adjudged violate provisions amendment congress sought enforce therefore task determine whether new york english literacy requirement applied violates equal protection clause whether prohibition requirement appropriate legislation enforce clause lassiter northampton election distinguished pp section fourteenth amendment positive grant legislative power authorizing congress exercise discretion determining need nature legislation secure fourteenth amendment guarantees test mcculloch maryland wheat applied determine whether congressional enactment appropriate legislation fourteenth amendment pp section enacted enforce equal protection clause measure secure nondiscriminatory treatment government numerous puerto ricans residing new york imposition voting qualifications provision administration governmental services pp congress adequate basis deciding plainly adapted end pp section invidiously discriminate violation fifth amendment failure extend relief educated flag schools reform measure invalid congress might gone eliminate evils time pp solicitor general marshall argued cause appellants brief assistant attorney general doar ralph spritzer louis claiborne john barrett louis kauder lee rankin argued cause appellant brief norman redlich seymour quel alfred avins argued cause filed brief appellees cases rafael hernandez colon attorney general argued cause filed brief commonwealth puerto rico amicus curiae urging reversal jean coon assistant attorney general argued cause state new york amicus curiae urging affirmance brief louis lefkowitz attorney general ruth kessler toch acting solicitor general justice brennan delivered opinion cases concern constitutionality voting rights act law respects pertinent cases provides person successfully completed sixth primary grade public school private school accredited commonwealth puerto rico language instruction english shall denied right vote election inability read write english appellees registered voters new york city brought suit challenge constitutionality insofar pro tanto prohibits enforcement election laws new york requiring ability read write english condition voting laws many several hundred thousand new york city residents migrated commonwealth puerto rico previously denied right vote appellees attack insofar enable many citizens vote pursuant voting rights act appellees commenced proceeding district district columbia seeking declaration invalid injunction prohibiting appellants attorney general new york city board elections either enforcing complying district designated upon cross motions summary judgment one judge dissenting granted declaratory injunctive relief appellees sought held enacting congress exceeded powers granted constitution therefore usurped powers reserved tenth amendment supp appeals taken directly ed noted probable jurisdiction reverse hold application challenged cases proper exercise powers granted congress fourteenth amendment force supremacy clause article vi new york english literacy requirement enforced extent inconsistent distribution powers effected constitution establish qualifications voting state officers qualifications established voting members numerous branch state legislature also determine may vote representatives senators art seventeenth amendment ex parte yarbrough course power grant withhold franchise conditions forbidden fourteenth amendment provision constitution exercises state power immune limitations fourteenth amendment state action equal protection clause held forbid state laws restrict right vote attorney general state new york argues exercise congressional power fourteenth amendment prohibits enforcement state law sustained judicial branch determines state law prohibited provisions amendment congress sought enforce specifically urges sustained appropriate legislation enforce equal protection clause unless judiciary decides even guidance congressional judgment application english literacy requirement prohibited forbidden equal protection clause disagree neither language history supports construction said regard ex parte virginia power congress enlarged congress authorized enforce prohibitions appropriate legislation legislation contemplated make amendments fully effective construction require judicial determination enforcement state law precluded congress violated amendment condition sustaining congressional enactment depreciate congressional resourcefulness congressional responsibility implementing amendment confine legislative power context insignificant role abrogating state laws judicial branch prepared adjudge unconstitutional merely informing judgment judiciary particularizing majestic generalities amendment see fay new york thus task case determine whether new york english literacy requirement applied deny right vote person successfully completed sixth grade puerto rican school violates equal protection clause accordingly decision lassiter northampton election sustaining north carolina english literacy requirement circumstances prohibited first sections fourteenth fifteenth amendments inapposite compare also guinn camacho doe misc aff camacho rogers supp lassiter present question us without regard whether judiciary find equal protection clause nullifies new york english literacy requirement applied congress prohibit enforcement state law legislating fourteenth amendment answering question task limited determining whether legislation required appropriate legislation enforce equal protection clause including draftsmen sought grant congress specific provision applicable fourteenth amendment broad powers expressed necessary proper clause art cl classic formulation reach powers established chief justice marshall mcculloch maryland wheat let end legitimate let within scope constitution means appropriate plainly adapted end prohibited consist letter spirit constitution constitutional 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 therefore proceed consideration whether appropriate legislation enforce equal protection clause mcculloch maryland standard whether may regarded enactment enforce equal protection clause whether plainly adapted end whether prohibited consistent letter spirit constitution doubt may regarded enactment enforce equal protection clause congress explicitly declared enacted secure rights fourteenth amendment persons educated schools predominant classroom language english persons referred include migrated commonwealth puerto rico new york denied right vote inability read write english fourteenth amendment rights referred include emanating equal protection clause specifically may viewed measure secure puerto rican community residing new york nondiscriminatory treatment government imposition voting qualifications provision administration governmental services public schools public housing law enforcement section may readily seen plainly adapted furthering aims equal protection clause practical effect prohibit new york denying right vote large segments puerto rican community congress thus prohibited state denying community right preservative rights yick wo hopkins enhanced political power helpful gaining nondiscriminatory treatment public services entire puerto rican community section thereby enables puerto rican minority better obtain perfect equality civil rights equal protection laws well within congressional authority say need puerto rican minority vote warranted federal intrusion upon state interests served english literacy requirement congress branch made judgment assess weigh various conflicting considerations risk pervasiveness discrimination governmental services effectiveness eliminating state restriction right vote means dealing evil adequacy availability alternative remedies nature significance state interests affected nullification english literacy requirement applied residents successfully completed sixth grade puerto rican school us review congressional resolution factors enough able perceive basis upon congress might resolve conflict plainly basis support application question case contrary conclusion require us blind realities familiar legislators result different confine inquiry question whether merely legislation aimed elimination invidious discrimination establishing voter qualifications told new york english literacy requirement originated desire provide incentive speaking immigrants learn english language order assure intelligent exercise franchise yet congress might well questioned light many exemptions provided evidence suggesting prejudice played prominent role enactment requirement whether actually interests served congress might also questioned whether denial right deemed precious fundamental society necessary appropriate means encouraging persons learn english furthering goal intelligent exercise franchise finally congress might well concluded means furthering intelligent exercise franchise ability read understand spanish effective ability read english newspapers radio television programs available inform election issues governmental affairs since congress undertook legislate preclude enforcement state law context general appraisal literacy requirements voting see south carolina katzenbach supra brought specially informed legislative competence congress prerogative weigh competing considerations enough perceive basis upon congress might predicate judgment application new york english literacy requirement deny right vote person sixth grade education puerto rican schools language instruction english constituted invidious discrimination violation equal protection clause remains question whether congressional remedies adopted constitute means prohibited consistent letter spirit constitution respect appellees contend fails regard section works invidious discrimination violation fifth amendment prohibiting enforcement english literacy requirement educated schools schools located within jurisdiction language instruction english educated schools beyond territorial limits language instruction also english complaint congress enacting unconstitutionally denied diluted anyone right vote rather congress violated constitution extending relief effected educated schools need pause determine whether appellees sufficient personal interest invalidated ground see generally raines since argument view falls merits section restrict deny franchise effect extends franchise persons otherwise denied state law thus need decide whether state literacy law conditioning right vote achieving certain level education school regardless language instruction discriminates invidiously educated schools need decide whether challenged limitation relief effected permissible deciding question principle calls closest scrutiny distinctions laws denying fundamental rights see supra inapplicable distinction challenged appellees presented limitation reform measure aimed eliminating existing barrier exercise franchise rather deciding constitutional propriety limitations reform measure guided familiar principles statute invalid constitution might gone farther roschen ward legislature need strike evils time semler dental examiners reform may take one step time addressing phase problem seems acute legislative mind williamson lee optical guided principles satisfied appellees challenge limitation without merit context case us congressional choice limit relief effected may example reflect congress greater familiarity quality instruction schools recognition unique historic relationship congress commonwealth puerto rico awareness federal government acceptance desirability use spanish language instruction commonwealth schools fact congress fostered policies encouraging migration commonwealth occasion determine case whether factors justify similar distinction embodied law denied franchise persons educated schools hold limitation relief effected constitute forbidden discrimination since factors might well basis decision congress go farther therefore conclude application challenged case appropriate legislation enforce equal protection clause judgment district must hereby reversed footnotes 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 stat supp article ii new york constitution provides pertinent part notwithstanding foregoing provisions january first one thousand nine hundred person shall become entitled vote attaining majority naturalization otherwise unless person also able except physical disability read write english case person became entitled vote state attaining majority naturalization otherwise january first nineteen hundred person must addition foregoing provisions able except physical disability read write english new voter within meaning article person entitled vote state shall become entitled january first nineteen hundred already voted general election state new york making proof ability read write english manner provided section one hundred board regents state new york shall make provisions giving literacy tests new voter may present evidence literacy certificate diploma showing completed work including sixth grade approved elementary school approved higher school english language instruction certificate diploma showing completed work including sixth grade public school private school accredited commonwealth puerto rico school instruction carried predominantly english language matriculation card issued college university student institution certificate letter signed official university college certifying attendance limitation appellees challenge thus scope inquiry distort primary intent measure sponsored senate senators javits kennedy house representatives gilbert ryan new york explicit purpose dealing disenfranchisement large segments puerto rican population new york throughout congressional debate repeatedly acknowledged particular reference puerto rican population new york situation almost exclusive subject discussion see cong rec see also voting rights hearings subcommittee house committee judiciary solicitor general informs us brief probability practical effect limited enfranchising educated puerto rican schools advises us aside schools commonwealth puerto rico public parochial schools territorial limits predominant language instruction english generally attended persons otherwise qualified vote save lack literacy english section provides pertinent part district district columbia shall jurisdiction issue restraining order temporary permanent injunction enforcement provision act action federal officer employee pursuant hereto stat supp section congress shall power enforce appropriate legislation provisions article therefore unnecessary us consider whether sustained exercise power territorial clause art iv see dissenting opinion judge mcgowan measure discharge certain treaty obligations see treaty paris stat nations charter articles art cl need consider whether sustained insofar relates election federal officers exercise congressional power art see minor happersett wall classic literacy tests voter requirements federal state elections hearings subcommittee constitutional rights senate committee judiciary brief attorney general whether sustained insofar relates election state officers exercise congressional power enforce clause guaranteeing state republican form government art iv art cl harper virginia board elections carrington rash see also mississippi louisiana lassiter northampton election pope williams minor happersett wall cf burns richardson ante reynolds sims historical evidence suggesting sponsors supporters amendment primarily interested augmenting power congress rather judiciary see generally frantz congressional power enforce fourteenth amendment private acts yale harris quest equality tenbroek antislavery origins fourteenth amendment senator howard introducing proposed amendment senate described direct affirmative delegation power congress added casts upon congress responsibility seeing future sections amendment carried good faith state infringes rights persons property look upon clause indispensable reason thus imposes upon congress power duty enables congress case shall enact laws conflict principles amendment correct legislation formal congressional enactment cong globe fact earlier drafts proposed amendment employed necessary proper terminology describe scope congressional power amendment see tenbroek antislavery origins fourteenth amendment substitution appropriate legislation formula never thought effect diminishing scope congressional power see cong globe app representative bingham principal draftsman amendment earlier proposals contrary suggestion dissent post grant congress power exercise discretion direction enact statutes effect dilute equal protection due process decisions emphasize congress power limited adopting measures enforce guarantees amendment grants congress power restrict abrogate dilute guarantees thus example enactment authorizing establish racially segregated systems education required measure enforce equal protection clause since clause force prohibits state laws cf james everard breweries day supra held enforcement clause eighteenth amendment congress prohibit prescription intoxicating malt liquor medicinal purposes even though amendment prohibited manufacture sale intoxicating liquors beverage purposes cf also settled principle applied shreveport case houston expressed darby power congress regulate interstate commerce extends activities intrastate affect interstate commerce exercise power congress make regulation appropriate means attainment legitimate end accord atlanta motel see cong rec literacy tests voter requirements federal state elections senate hearings supra principal exemption complained persons eligible vote january see supra evidence consists part statements made constitutional convention first considering english literacy requirement following made sponsor measure precious even forms government mental qualities race stand unimpaired safe exposed single danger constantly changing voting citizenship wholesale valuable necessary infusion southern eastern european races danger begun check iii new york state constitutional convention rev record found ways assuring intelligent exercise franchise short total disenfranchisement persons literate english example hawaii literacy either english hawaiian suffices candidates names may printed languages hawaii rev laws supp new york already provides assistance exempt literacy requirement literate language election law course problem assuring intelligent exercise franchise met number literacy requirement see stat ann form personal assistance new mexico stat ann personal assistance literate language ballots instructions authorized printed english spanish section preclude resort alternative methods assuring intelligent exercise franchise true statute precludes certain class disenfranchisement thus limits choice means satisfying purported state interest cases held required tailor carefully means satisfying legitimate state interest fundamental liberties rights threatened see carrington rash harper virginia board elections thomas collins thornhill alabama carolene products meyer nebraska congress free apply principle exercise powers see cong rec record case includes affidavits describing nature new york two major newspapers one daily one weekly three radio stations affidavits campaigned areas see cong rec senator long louisiana senator young senator holland drawing experience voters literate language english see also affidavit representative willis louisiana expressing view basis thirty years personal experience politics formed definite opinion voters illiterate english generally clear grasp issues understanding candidates people read write english language see cong rec see magruder commonwealth status puerto rico pitt rev see cong rec see osuna history education puerto rico see cong rec voting rights house hearings supra see also jones act stat conferring citizenship citizens puerto rico justice harlan justice stewart joins dissenting worthy purposes may thought many see voting rights act stat ed supp sustained except sacrifice fundamentals american constitutional system separation legislative judicial function boundaries federal state political authority token think validity new york literacy test question considers context federal statute must upheld conduce analytical clarity discuss second issue first cardona case analysis problem must begin established rule law franchise essentially matter state concern minor happersett wall lassiter northampton election subject overriding requirements various federal constitutional provisions dealing franchise fifteenth seventeenth nineteenth amendments recently decided general principles fourteenth amendment reynolds sims carrington rash equal protection clause fourteenth amendment alone concerns us forbids state arbitrarily discriminating among different classes persons course always recognized nearly legislation involves sort classification equal protection test applied narrow one state enactment practice may struck clause justified founded upon rational permissible state policy see powell pennsylvania lindsley natural carbonic gas walters city louis suggested different broader equal protection standard applies cases fundamental liberties rights threatened see ante note dissenting opinion douglas cardona post pp require state show need greater mere rational policy justify classifications area test ever articulated believe approach consistent purposes equal protection clause overwhelming weight authority principles federalism underlie equal protection clause thus applying basic equal protection standard issue case whether new york shown literacy test reasonably designed serve legitimate state interest think lassiter northampton election supra dealt substantially question resolved unanimously favor legitimacy state literacy qualification north carolina english literacy test challenged held wide scope state qualifications sort dealing literacy tests generally held ability read write relation standards designed promote intelligent use ballot literacy intelligence obviously synonymous illiterate people may intelligent voters yet society newspapers periodicals books printed matter canvass debate campaign issues state might conclude literate exercise franchise said last century massachusetts literacy test designed insure independent intelligent exercise right suffrage stone smith mass north carolina agrees sit judgment wisdom policy say however allowable one measured constitutional standards although sure difference totally illiterate person one literate foreign tongue believe added factor vitiates constitutionality new york statute accepting appellant allegations true nevertheless also true range material available resident new york literate spanish much limited available resident business national state local government conducted english propositions amendments offices candidates running listed ballot likewise english also true candidates certainly campaigning national statewide level make speeches english new york may justifiably want voters able understand candidates directly rather possibly imprecise translations summaries reported limited number spanish news media noteworthy federal government requires literacy english prerequisite naturalization stat ed attesting national view importance prerequisite full integration american political community relevant fact new york english test complex fairly administered new york maintains free adult education classes appellant members class encouraged attend given state legitimate concern promoting safeguarding intelligent use ballot given also new york long experience process integrating residents mainstream american life see said qualification suffrage unconstitutional uphold validity new york statute unless federal statute prevents result question turn ii morgan cases nos pivotal question instance effect added factor congressional enactment straight equal protection argument dealt declares since fourteenth amendment gives congress power enforce prohibitions amendment appropriate legislation test judicial review congressional determination area simply one rationality effect congress acting rationally declaring new york statute irrational although certainly give congress wide powers field devising remedial legislation effectuate amendment prohibition arbitrary state action ex parte virginia believe confused issue much enforcement power congress possesses distinct issue questions appropriate congressional determination questions essentially judicial nature recognized state violations federal constitutional standards occurred congress course empowered take appropriate remedial measures redress prevent wrongs see strauder west virginia judicial question whether condition congress thus sought deal truth infringement constitution something necessary prerequisite bringing power play thus ex parte virginia supra involving federal statute making federal crime disqualify anyone jury service race first held matter constitutional law fourteenth amendment secures among civil rights colored men charged criminal offences state impartial jury trial jurors indifferently selected chosen without discrimination jurors color hold enforce prohibition upon state discrimination congress enact criminal statute type consideration see also clyatt sustaining constitutionality antipeonage laws stat ed enforcement clause thirteenth amendment recent fifteenth amendment case also serves illustrate distinction south carolina katzenbach decided earlier term held certain remedial sections voting rights act constitutional fifteenth amendment directed deprivations right vote account race enacting sections voting rights act congress made detailed investigation various state practices used deprive negroes franchise see passing upon remedial provisions reviewed first voluminous legislative history well judicial precedents supporting basic congressional finding clear commands fifteenth amendment infringed various state subterfuges see given existence evil held remedial steps taken legislature enforcement clause fifteenth amendment justifiable exercise congressional initiative section however presents significantly different type congressional enactment question whether statute appropriate remedial legislation cure established violation constitutional command whether fact infringement constitutional command whether particular state practice statute arbitrary irrational offend command equal protection clause fourteenth amendment question one judicial branch ultimately determine rule otherwise congress able qualify constitutional decisions fourteenth fifteenth amendments let alone provisions constitution resorting congressional power necessary proper clause view holding lassiter supra english literacy test permissible exercise state supervision franchise think open congress limit effect decision undertaken effect reads fourteenth amendment giving congress power define substantive scope amendment indeed true reach see congress able well exercise discretion enacting statutes effect dilute equal protection due process decisions cases room reasonable men differ whether denial equal protection due process occurred final decision one judgment today judgment always one judiciary resolve mean suggest said legislative judgment type incorporated without force whatsoever decisions questions equal protection due process based abstract logic empirical foundations extent legislative facts relevant judicial determination congress well equipped investigate determinations course entitled due respect south carolina katzenbach supra legislative findings made show racial discrimination voting actually occurring similarly heart atlanta motel katzenbach mcclung upheld title ii civil rights act commerce clause congressional determination racial discrimination clearly defined group public accommodations effectively impede interstate commerce based voluminous testimony put congress context passed remedial legislation factual data provide legislative record supporting way showing citizens fully capable making informed decisions new york election citizens showing whatever support alternative argument viewed remedial measure designed cure assure unconstitutional discrimination varieties public schools public housing law enforcement ante puerto rican minorities might subject communities new york simply legislative record supporting hypothesized discrimination sort hitherto insisted upon congressional power brought bear constitutionally reserved state concerns see heart atlanta motel supra south carolina katzenbach supra thus matter giving deference congressional estimate based determination legislative facts bearing upon validity vel non statute rather called legislative announcement congress believes state law entail unconstitutional deprivation equal protection although kind declaration course entitled respectful consideration coming concurrent branch one knowledgeable matters popular political participation believe lessens responsibility decide fundamental issue whether fact state enactment violates federal constitutional rights assessing deference give kind congressional expression policy relevant judiciary always given congressional enactments presumption validity propeller genesee chief fitzhugh however also canon judicial review state statutes given similar presumption butler commonwealth whichever way case decided one statute rendered inoperative whole part although suggested give somewhat deference congress state legislature simple weighing presumptions hardly satisfying way resolving matter touches distribution state federal power area sensitive regulation franchise rather recognized fourteenth amendment brooding omnipresence state legislation substantive matters touches within primary legislative competence federal authority legislative less judicial intrude unless denial state action fourteenth amendment limitations instance denial equal protection least area primary state concern state statute passes constitutional muster judicial standard rationality permitted set naught mere contrary congressional pronouncement unsupported legislative record justifying conclusion deny effectiveness congressional enactment course disparage congress exertion authority field civil rights simply recognize legislative branch like branches federal authority subject governmental boundaries set constitution hold record overrides new york literacy requirement seems tantamount allowing fourteenth amendment swallow state constitutionally ordained primary authority field congress amounts mere ipse dixit set otherwise permissible requirement partially naught see reason also substitute judgment fields exclusive primary competence well affirm judgments cases opinion applies also cardona power post pertinent portions new york constitution art ii statutory provisions reproduced opinion ante pp fifteenth amendment forbids denial abridgment franchise account race color previous condition servitude seventeenth deals popular election members senate nineteenth provides equal suffrage women outlaws poll tax qualification participation federal elections test described mcgovney american suffrage medley follows examination based upon prose compositions ten lines prepared personnel state department education designed level reading sixth grade uniform single examination throughout state examination given school authorities graded school superintendents teachers careful instructions central authority secure uniformity grading nearly possible test submitted attorney general new york representative reproduced new york state regents literacy test filled candidate ink write address write date month day year read write answers questions read many times need answers following questions taken paragraph allegation discriminatory enforcement method examination see supra makes unequal application virtually impossible mcgovney noted op cit supra new york state union reasonable reading requirement administers manner secures uniformity application throughout state precludes discrimination far humanly possible see camacho rogers supp see mckinney consolidated laws new york education law see generally handbook adult education knowles ed statute makes exception rule state law provides different level education presumptive literacy applicant must show completed equivalent level education school section fourteenth amendment congress shall power enforce appropriate legislation provisions article see generally karst legislative facts constitutional litigation review kurland ed alfange relevance legislative facts constitutional law rev committee hearings reports referring section introduced floor debate full voting rights act see cong rec see thayer origin scope american doctrine constitutional law harv rev number arguments suggested sustain constitutionality referred opinion ante pp since arguments rendered superfluous decision none considered majority deem unnecessary deal save say opinion none contentions provides adequate constitutional basis sustaining statute