oregon mitchell argued october decided december together texas mitchell attorney general arizona idaho also bills complaint original actions involve constitutionality three provisions voting rights act amendments lower minimum age voters state federal elections bar use literacy tests similar voting eligibility requirements period state federal elections area tests already proscribed voting rights act forbid disqualifying voters presidential elections failure meet state residency requirements provide uniform national rules absentee voting elections held requirement voting rights act amendments valid national elections requirement valid state local elections literacy test provision valid residency absentee balloting provisions valid pp relief granted part denied part justice black concluded congress authority permit citizens vote national elections art art ii necessary proper clause constitution since provisions fully empower congress make alter regulations national elections supervise elections set qualifications voters therein pp art power set qualifications vote state local elections whole constitution reserves power except curtailed specific constitutional amendments amendment including equal protection clause fourteenth amendment civil war amendments authorizes congress attempt lower voting age state local elections pp literacy test ban constitutional enforcement clauses fourteenth fifteenth amendments view evidence racial discrimination congress found various parts nation racial discrimination resulting literacy tests educational inequality stemming separate equal rule racially discriminatory practices pp provisions forbidding disqualifying voters national elections presidential electors met state residency requirements establishing absentee balloting rules valid congress broad powers regulate federal elections maintain national government pp justice douglas concluded authority congress fix minimum age civil right voting national elections derives equal protection clause fourteenth amendment power enforce granted amendment congress adequate basis concluding mature enough vote deprive franchise denial equal protection pp bar state denying right vote federal state local election literacy test sustainable appropriate legislation enforce equal protection clause congress concluded tests used discriminate voting rights minority groups tests necessary ensure voters well informed pp right vote national elections privilege immunity national citizenship congressional judgment ban durational residency requirements presidential elections manifestly permissible means enforcing privilege immunity fourteenth amendment pp justice harlan concluded fourteenth amendment intended restrict authority allocate political power see fit neither amendment provision constitution authorizes congress set voter qualifications state local elections pp literacy requirement deemed appropriate means enforcing fifteenth amendment since congress determined racial prejudice prevalent throughout nation literacy tests unduly lend discriminatory application pp justice brennan justice white justice marshall concluded congress power forbid disenfranchisement national elections persons age age order enforce equal protection clause fourteenth amendment ample evidence support congress conclusion exclusion citizens years age franchise unnecessary promote legitimate interest may assuring intelligent responsible voting pp congressional determination nationwide ban literacy tests necessary prevent racial discrimination voting amply supported legislative record proscription literacy tests well within power congress granted fifteenth amendment pp adequate constitutional basis residency provisions act fourteenth amendment ample justification congressional findings durational residence requirements abridge right free interstate migration requirements reasonably related compelling state interests pp justice stewart joined chief justice justice blackmun concluded congress power confer right vote state local elections citizens ages since constitution power set voting qualifications pp literacy test ban constitutional enforcement clause fifteenth amendment pp residency provisions act constitutional congress general authority establish qualifications voting congressional presidential elections power necessary proper clause protect privileges citizenship including freedom travel change one residence pp lee johnson attorney general oregon argued cause plaintiff orig briefs diarmuid deputy attorney general jacob tanzer solicitor general al laue thomas denney assistant attorneys general charles alan wright argued cause plaintiff orig brief crawford martin attorney general texas nola white first assistant attorney general alfred walker executive assistant attorney general davis shultz ii john reeves assistant attorneys general solicitor general griswold argued cause defendant nos nos orig briefs attorney general mitchell pro se assistant attorney general leonard peter strauss samuel huntington gary nelson attorney general arizona john mcgowan ii special assistant attorney general argued cause filed brief defendant orig robert robson attorney general idaho argued cause defendant orig brief richard greener assistant attorney general brief amicus curiae cases filed summer attorney general delos burks first assistant attorney general william allain assistant attorney general charles henley state mississippi briefs amici curiae nos filed melvin wulf american civil liberties union john cosgrove citizens lowering voting age et al brief amicus curiae nos filed william dobrovir joseph rauh david rubin stephen schlossberg john fillion nathaniel jones clarence mitchell francis pohlhaus youth franchise coalition et al briefs amici curiae filed joseph califano clifford alexander democratic national committee jones mitchell pohlhaus department armed services veterans affairs national association advancement colored people brief amicus curiae state indiana support plaintiff filed theodore sendak attorney general richard johnson chief deputy attorney general william thompson assistant attorney general joined attorneys general respective follows joe purcell arkansas robert robson idaho jack gremillion louisiana clarence meyer nebraska warren rudman new hampshire robert morgan north carolina helgi johanneson north dakota paul brown ohio gordon mydland south dakota vernon romney utah slade gorton washington chauncey browning west virginia james barrett wyoming brief amicus curiae filed andrew miller attorney general anthony troy walter mcfarlane assistant attorneys general commonwealth virginia justice black announcing judgments opinion expressing view cases suits certain resist compliance voting rights act amendments pub stat believe act takes away powers reserved constitution control elections terms act three things first lowers minimum age voters state federal elections second based upon finding congress literacy tests used discriminate voters account color act enforces fourteenth fifteenth amendments barring use tests elections state national period third act forbids disqualifying voters national elections presidential electors met state residency requirements reasons set part opinion believe congress fix age voters national elections congressional senatorial presidential elections set voting age state local elections reasons expressed separate opinions brothers douglas brennan white marshall join concluding congress enfranchise citizens national elections dissent judgment congress extend franchise citizens state local elections reasons expressed separate opinions brothers chief justice harlan stewart blackmun join concluding congress interfere age voters set state local elections however dissent judgment congress control voter qualifications federal elections summary judgment vote provisions voting rights act amendments constitutional enforceable insofar pertain federal elections unconstitutional unenforceable insofar pertain state local elections reasons set part ii opinion believe congress exercise power enforce fourteenth fifteenth amendments prohibit use literacy tests devices used discriminate voters account race state federal elections reasons expressed separate opinions brethren join judgment therefore provisions act upheld reasons set part iii opinion believe congress set residency requirements provide absentee balloting elections presidential electors reasons expressed separate opinions brothers chief justice douglas brennan stewart white marshall blackmun concur judgment brother harlan reasons stated separate opinion considers residency provisions statute unconstitutional therefore residency absentee balloting provisions act upheld let judgments entered accordingly framers constitution provided art members house representatives elected people voters representatives qualifications requisite electors numerous branch state legislature senators originally elected state legislatures seventeenth amendment senators also elected people voters senators qualifications voters representatives beginning responsibility setting qualifications voters congressional elections made subject power congress make alter regulations deemed advisable done art constitution provides times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators emphasis supplied loose sense right vote representatives congress sometimes spoken right derived statement true sense authorized constitution legislate subject provided art extent congress restricted state action exercise powers regulate elections general power article clause constitution make laws shall necessary proper carrying execution foregoing powers breadth power granted congress make alter election regulations national elections including qualifications voters demonstrated fact framers constitution state legislatures ratified intended grant congress power lay alter boundaries congressional districts ratifying conventions speakers argued power given congress art meant used vindicate people right equality representation house wesberry sanders congress probably lay state districts colegrove green justice doubted congress power rearrange congressional districts according population fight case revolved judicial power compel redistricting surely voter qualification important framers geographical qualification embodied concept congressional districts framers expected congress use power eradicate rotten boroughs congress fact used power prevent electing congressmen large doubt power alter congressional district lines vastly significant effect power permit citizens go polls vote federal elections doubt powers congress regulate congressional elections including age qualifications voters dispelled opinion smiley holm chief justice hughes writing unanimous discussed scope congressional power length said subject matter times places manner holding elections senators representatives doubted comprehensive words embrace authority provide complete code congressional elections times places relation notices registration supervision voting protection voters prevention fraud corrupt practices counting votes duties inspectors canvassers making publication election returns short enact numerous requirements procedure safeguards experience shows necessary order enforce fundamental right involved view confirmed second clause article section provides congress may time law make alter regulations single exception stated phrase regulations plainly refers regulations general character legislature state authorized prescribe respect congressional elections exercising power congress may supplement state regulations may substitute general supervisory power whole subject hand constitution also intended preserve power even colonies establish maintain separate independent governments except insofar constitution commands otherwise brother harlan persuasively demonstrated framers constitution intended keep provided tenth amendment power regulate elections major disagreement brother harlan agree power regulate elections officials believe contrary view congress final authority federal elections function essential separate independent existence governments power determine within limits constitution qualifications voters state county municipal offices nature machinery filling local public offices pope williams minor happersett wall moreover art clear indication framers intended determine qualifications voters state offices qualifications adopted federal offices unless congress directs otherwise art plain fact history framers never imagined national congress set qualifications voters every election president local constable village alderman obvious whole constitution reserves power set voter qualifications state local elections except limited extent people constitutional amendments specifically narrowed powers amendments fourteen fifteen nineteen assumed general supervisory power state elections examples express limitations power govern equal protection clause fourteenth amendment never intended destroy power govern making nineteenth amendments superfluous brother brennan opinion carried logical conclusion guise insuring equal protection blot state power leaving little impotent figureheads interpreting fourteenth amendment means equal protection clause stretched nullify powers elections constitution adopted retained throughout history course original design founding fathers altered civil war amendments various amendments constitution thirteenth fourteenth fifteenth nineteenth amendments expressly authorized congress enforce limited prohibitions amendments appropriate legislation solicitor general contends cases congress set age qualifications voters state elections power enforce equal protection clause fourteenth amendment else framers civil war amendments intended deny power discriminate persons account race loving virginia gomillion lightfoot brown board education cases wall recognized equal protection clause fourteenth amendment instances protects discriminations account race see reynolds sims hadley junior college district see also kotch board river port pilots cases cited therein successfully argued fourteenth amendment intended strip power carefully preserved original constitution govern fourteenth amendment surely intended make every discrimination groups people constitutional denial equal protection enforcement clause fourteenth amendment intended permit congress prohibit every discrimination groups people hand civil war amendments unquestionably designed condemn forbid every distinction however trifling account race fulfill goal ending racial discrimination prevent direct indirect state legislative encroachment rights guaranteed amendments framers gave congress power enforce civil war amendments enforcement powers broad jones alfred mayer held thirteenth amendment clothed congress power pass laws necessary proper abolishing badges incidents slavery construing fourteenth amendment stated said judicial power general government shall extend enforcing prohibitions protecting rights immunities guaranteed said branch government shall authorized declare void action state violation prohibitions power congress enlarged ex parte virginia emphasis added part broad congressional enforcement power unlimited specifically least three limitations upon congress power enforce guarantees civil war amendments first congress may legislation repeal provisions constitution second power granted congress intended strip power govern convert national government enumerated powers central government unrestrained authority every inch whole nation third congress may enforce provisions amendments may appropriate legislation congress power enforcement sections undercut amendments guarantees personal equality freedom discrimination see katzenbach morgan undermine protections bill rights held fourteenth amendment made applicable course upheld congressional legislation enforcement clauses cases congress interfered state regulation local electoral process katzenbach morgan supra upheld statute outlawed new york requirement literacy english prerequisite voting requirement applied puerto ricans certain educational qualifications new york statute overridden congress applied elections south carolina katzenbach supra black dissenting grounds upheld literacy test ban voting rights act act proscribed use literacy test elections certain areas division power state national governments like every provision constitution expressly qualified civil war amendments ban racial discrimination congress attempts remedy racial discrimination enforcement powers authority enhanced avowed intention framers thirteenth fourteenth fifteenth amendments cf harper virginia board elections black dissenting enacting vote provisions act congress made legislative findings vote requirement used disenfranchise voters account race seriously doubt finding made supported substantial evidence since congress attempted invade area preserved constitution without foundation enforcing civil war amendments ban racial discrimination hold congress exceeded powers attempting lower voting age state local elections hand congress legislates domain exclusively reserved constitution enforcement power need tied closely goal eliminating discrimination account race invalidate part voting rights act amendments however mean entire act must fall constitutional part vote provision given effect passing voting rights act amendments congress recognized limits power enforcement clauses largely undetermined therefore included broad severability provision provision act application provision thereof person circumstance judicially determined invalid remainder act application provision persons circumstances shall affected determination stat ii title voting rights act amendments congress extended provisions voting rights act ban use literacy tests certain upon finding certain conditions attorney general upheld provisions act partial dissent south carolina katzenbach supra gaston county constitutionality title raised parties suits title ii amendments congress prohibited august use test device resembling literacy test national state local election area test already proscribed voting rights act state arizona maintains title ii enforced extent inconsistent arizona literacy test requirement rev stat ann hold literacy test ban amendments constitutional enforcement clause fifteenth amendment supersedes arizona conflicting statutes supremacy clause federal constitution enacting literacy test ban title ii congress long history discriminatory use literacy tests disfranchise voters account race congress found late summer percentage registration nonwhite voters seven southern substantially percentage registration white voters moreover congress striking evidence show provisions act span four years remarkable impact minority group voter registration congress also evidence show voter registration areas large populations consistently state national averages arizona example two counties eight spanish surname populations excess showed voter registration equal average arizona also serious problem deficient voter registration among indians congressional concern use literacy test disfranchise puerto ricans new york state already matter record katzenbach morgan supra nation whole congress statistics demonstrate voter registration voter participation consistently greater without literacy tests congress also country history discriminatory educational opportunities north south children denied equivalent education separate equal rule plessy ferguson overruled brown board education old enough vote substantial overwhelming evidence congress concluded denial equal protection condition political participation children educated dual school system upon educational achievement moreover history legislation suggests concern educational inequality perhaps uppermost minds congressmen sponsored act hearings filled references educational inequality faced evidence literacy tests reduce voter participation discriminatory manner south throughout nation congress supported substantial evidence concluding nationwide ban literacy tests appropriate enforce civil war amendments finally yet another reason upholding literacy test provisions act imposing nationwide ban literacy tests congress recognized national problem serious national dilemma touches every corner land legislation congress recognized discrimination account color racial origin confined south exists various parts country congress decided way solve problems racial discrimination deal nationwide discrimination nationwide legislation compare south carolina katzenbach supra gaston county supra iii title ii voting rights act amendments congress also provided presidential elections voter denied right cast ballot lived jurisdiction long enough meet residency requirements furthermore congress provided uniform national rules absentee voting presidential elections enacting regulations congress attempting insure fully effective voice citizens national elections said part opinion applies equal force acting broad authority create maintain national government congress unquestionably power constitution regulate federal elections framers constitution vitally concerned setting national government survive essential survival growth national government power fill elective offices insure officials fill offices responsive possible people represent iv judgments today give federal government power framers conferred upon final control elections officers judgments also save power control state local elections constitution originally reserved subsequent amendment taken generalities equal protection clause fourteenth amendment designed adopted render impotent set voter qualifications elections local officials agents absence specific constitutional limitations note numbered category used justice black opinion repeated opinion headnoted concur concur result respect point involved category see note supra footnotes article compromise delegates constitutional convention wanted final authority election state federal officers wanted congress make laws governing national elections story commentaries constitution ed contemporary interpretation compromise reveals favored national authority national elections prevailed six included resolutions ratification recommendation constitutional amendment adopted curtail power federal government regulate national elections amendment never adopted majority delegates massachusetts ratifying convention must assumed art gave broad powers congress otherwise convention recommended amendment providing congress exercise powers vested section article cases state shall neglect refuse make regulations therein mentioned shall make regulations subversive rights people free equal representation congress agreeably constitution elliot debates federal constitution speech cabot one delegate massachusetts convention argued art highly prized constitution expressed view breadth section must shared colleagues state legislatures suffered regulate conclusively elections democratic branch may finally annihilate control general government people always cabot supported parsons added might make unequal partial division districts election representatives might even disqualify one third electors without powers congress people remedy section provides remedy controlling power legislature composed senators representatives twelve without influence commotions factions hear impartially preserve restore people equal sacred rights election see wesberry sanders see act stat brother stewart cited debates constitutional convention show ellsworth mason madison franklin successfully opposed granting congress power regulate federal elections including qualifications voters original constitution read history constitution differently madison example explained art virginia ratifying convention follows thought regulation time place manner electing representatives uniform throughout continent might regulate elections principles equality others might regulate otherwise diversity obviously unjust people state means deprived right suffrage judged proper remedied general government elliot debates federal constitution mason supposedly successful opposing broad grant power congress regulate federal elections still found necessary support unsuccessful virginia proposal curb power congress art see ex parte siebold ex parte yarbrough mosley classic reference selection president vice president art ii provides state shall appoint manner legislature thereof may direct number electors equal whole number senators representatives state may entitled congress burroughs upheld power congress regulate certain aspects elections presidential electors specifically rejecting construction art ii curtailed power congress regulate elections finally important inherent concept national government national officers residual power congress insure officers represent national constituency responsively possible power arises nature constitutional system government necessary proper clause powers delegated constitution prohibited reserved respectively people amdt house representatives shall composed members chosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature brother brennan relies upon carrington rash cipriano city houma evans cornman typical equal protection cases joined relevant material decision cases us establishment voter age qualifications matter legislative judgment properly decided equal protection clause crucial question denied equal protection rather political body state federal empowered fix minimum age voters framers intended make voting age decision elections provision congress override state judgments concerning qualifications voters federal elections see first amendment gitlow new york cantwell connecticut edwards south carolina fourth amendment mapp ohio fifth amendment chicago chicago malloy hogan benton maryland sixth amendment gideon wainwright pointer texas klopfer north carolina duncan louisiana eighth amendment robinson california yuma county arizona presently subject ban voting rights act pursuant determination attorney general act understand arizona contest application act extension county arizona question congress authority enforce fourteenth fifteenth amendments congress possesses special legislative competence cites south carolina katzenbach katzenbach morgan approval answer brief arizona hearings similar proposals subcommittee house committee judiciary ser hearings title iv subcommittee constitutional rights senate committee judiciary views novel demonstrated justice story commentaries constitution vol pp ed nature provision art something incongruous absurd said clause introduced national constitution regulate state elections members state legislatures deemed unwarrantable transfer power indicating premeditated design destroy state governments deemed flagrant violation principle require comment said justly state governments possess power independent pleasure national government reasoning apply national government reason suppose state governments true union national government state governments emphasis added omitted justice douglas dissent judgments insofar declare voting rights act stat unconstitutional applied state elections concur judgments affect federal elections different reasons rely equal protection clause privileges immunities clause fourteenth amendment grant franchise congress view valid across board suppose nineteenth amendment ratified giving women right vote assumed constitutional experts relief way equal protection clause fourteenth amendment minor happersett wall held term state constitutionally restrict franchise men fourteenth amendment relied upon thrust opinion directed privileges immunities clause subsidiary reference due process clause much later indeed term nearly century fourteenth amendment adopted discrimination voters grounds race struck first case struck statute equal protection clause fourteenth amendment strauder west virginia decided term term squarely held manner apportionment members state legislature raised justiciable question equal protection clause baker carr case followed numerous others one person given twice times voting power another person statewide election merely lived rural area smallest rural county principle equality applied house bicameral legislature political parties receive protection equal protection clause voters reapportionment cases however quite point though target brother harlan dissent painstaking review history equal protection clause leads conclude political rights protected though civil rights protected problem questions political recurring issue beginning recently reviewed baker carr supra powell mccormack baker carr reapportionment case powell mccormack involved exclusion house representatives congressman issue political question versus justiciable question argued pro con cases brother harlan stated baker carr et related occasions gray sanders wesberry sanders reynolds sims views constitutional dimensions political question setting reapportionment problem cases involved question whether legislatures must structured reflect approximate equality voice every voter ultimate question whether absent proper apportionment legislature federal make apportionment kind problem raised issues irrelevant reapportionment experience shows presented tangle partisan politics geography economics urban life rural constituencies numerous nonlegal factors play varying roles competency courts deal challenged yet held issues justiciable none political questions involved case far equal protection concerned whit different controversy state law disqualifies women certain types employment goesaert cleary imposes heavier punishment one class offender another whose crime intrinsically different skinner oklahoma right vote course different one respect rights economic social political field indicated appendix opinion equal protection clause right vote civil right deeply embedded constitution article provides house composed members chosen people electors shall qualifications requisite electors numerous branch state legislature seventeenth amendment senators shall elected people fifteenth amendment speaks right citizens vote federal state elections ex parte yarbrough stated new constitutional right mainly designed citizens african descent principle however protection exercise right within power congress necessary right citizens vote colored citizen right vote general right protected discrimination right choose secured constitution classic civil right highest order voting concerns political matters right political constitutional sense interference given rise long consistent line decisions claim always upheld justiciable whatever distinction may made following civil war civil political rights passed history harper virginia board elections stated notions constitutes equal treatment purposes equal protection clause change statement harmony view fourteenth amendment expressed brother brennan must therefore conclude framers understood amendment broadly worded injunction capable interpreted future generations accordance vision needs generations post hence history fourteenth amendment tendered brother harlan irrelevant present problem since right civil political protected equal protection clause fourteenth amendment turn amendment enforced congress carrington rash held texas bar person otherwise qualified voting merely member armed services occupation held used bar person voting invidious discrimination equal protection clause condemns evans cornman held state deny vote residents federal enclave treated residents many purposes harper virginia board elections held state harmony equal protection clause keep person voting state elections affluence voter payment fee kramer union school district held person barred voting school board elections merely bachelor far equal protection clause concerned said line qualified vote qualified turns whether excluded distinct direct interest school meeting decisions cipriano city houma held state law gave property taxpayers right vote issuance revenue bonds municipal utility system violated equal protection benefits burdens bond issue fall indiscriminately property owner nonproperty owner alike june held phoenix kolodziejski violates equal protection restrict may vote general obligation bonds real property taxpayers looked see compelling state interest voting restrictions held nonproperty owners substantially less interested issuance securities property owners presumptively citizens affected important ways governmental decision subject referendum constitution permit weighted voting exclusion otherwise qualified citizens franchise recently november summarily affirmed district decision supp basis kolodziejski parish school board charles stewart post louisiana gave vote municipal bond issues property taxpayers powers granted congress fourteenth amendment enforce equal protection clause broad powers expressed necessary proper clause art cl katzenbach morgan stated case correctly viewed positive grant legislative power authorizing congress exercise discretion determining whether legislation needed secure guarantees fourteenth amendment congress might well conclude reduction voting age needed interest equal protection act brands denial franchise particularly unfair treatment citizens view national defense responsibilities imposed voting rights act stat fact males drafted vote extends females well relevant female component families prospective families also caught war hit hard congress might well believe men women alike share fateful decision said draw line congress draw lines see reason conclude degree maturity entitles franchise generally considered american law mature enough contract marry drive automobile gun responsible criminal behavior adult moreover advised state laws mandatory school attendance matter practice extend beyond age items course leeway raise lower age requirements voting fundamental matter free democratic society reynolds sims fundamental rights liberties asserted equal protection clause classifications might invade restrain must closely scrutinized carefully confined harper virginia board elections speaking state restrictions rights dealing right congress enforce principles equality enshrined fourteenth amendment right enforce granted amendment noted parallel necessary proper clause whose reach chief justice marshall described mcculloch maryland wheat let end legitimate let within scope constitution means appropriate plainly adapted end prohibited consist letter spirit constitution constitutional equality voting deemed mature enough vote certainly consistent letter spirit constitution much made fact art constitution gave congress power regulate manner holding elections power fix qualifications voting elections civil war amendments thirteenth fourteenth fifteenth made vast inroads power equal protection became standard state action congress given authority enforce see katzenbach morgan manner enforcement involves discretion discretion largely entrusted congress courts racial discrimination concern equal protection clause voting regulations set concern congress much late history make claim cases listed appendix opinion show moreover election inequalities created state laws based factors race may violate equal protection clause held reach enforce equal protection eliminating election inequalities seem quite broad certainly word limitation restrict applicability matters race alone stated mcculloch maryland measure power congress whether remedy consistent letter spirit constitution difficulty said gray sanders conception political equality declaration independence lincoln gettysburg address fifteenth seventeenth nineteenth amendments mean one thing one person one vote reasoned judgment large stake modern elections whether times war peace political equality made plain dissent colegrove green whose reasoning approved gray sanders equal protection clause service protect right vote federal well state elections sustain choice congress made ii likewise find objections arizona idaho make literacy residence requirements act insubstantial literacy held lassiter northampton election board state apply literacy test selecting qualified voters provided test discriminatory contravene restriction congress acting pursuant constitutional powers imposed question cases whether congress power fourteenth amendment bar literacy tests federal state local elections section bars state denying right vote federal state local election test device defined inter alia include literacy traveled distance needed sustain act katzenbach morgan upheld constitutionality earlier act prohibited application english literacy tests persons educated puerto rico power congress enforce equal protection clause sufficiently broad held enable abolish voting requirements might pass muster equal protection clause absent act congress question said whether act congress appropriate legislation enforce equal protection clause 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 took step toward sustaining present type law gaston county decision involved provision voting rights act suspended use test device including literacy prerequisite registration state found attorney general director census used election november less residents voting age registered voted gaston county north carolina classified literacy test thereupon suspended suit remove ban sustained noted congress concluded county deprived black residents equal educational opportunities turn deprived equal chance pass literacy test congress argued employed formula based educational disparities races one based literacy rates choice appropriate remedies congress range available ones wide defect formula literate negroes turned negro schools reasonable infer among black children compelled endure segregated inferior education fewer achieve given degree literacy white contemporaries government showing certainly proper infer gaston county inferior negro schools provided many negro residents subliterate education gave many others little inducement enter remain school residence residency requirements relate elections president vice president section abolishes durational residency provides absentee voting provided registration may required days prior election effect reduce state durational residency requirements days presidential elections parochial interests state county city involved congress found durational residency requirement instances impermissible purpose effect denying citizens right vote found durational residency requirement denies citizens privileges immunities seventeenth amendment senators shall elected people article provides house shall chosen people several right vote national officers privilege immunity national citizenship ex parte yarbrough quarles twining new jersey burroughs classic fourteenth amendment provides state shall make enforce law shall abridge privileges immunities citizens durational residency laws effect says congress choice means protect privilege presents question primarily addressed judgment congress burroughs supra relevance means congress adopts condition sought remedied degree necessity extent efficacy matters congress judgment congress made respecting ban durational residency presidential elections plainly permissible one efforts enforce fourteenth amendment appendix opinion douglas statutes discriminated certain businesses statutes favored certain businesses taxing statutes struck treatment convicted criminals indigents douglas california rule criminal procedure provide counsel appeal indigents shapiro thompson denial welfare benefits based residency requirement legitimacy aliens truax raich statute limiting number aliens employed takahashi fish game commission denial fishing rights aliens ineligible citizenship strauder tried murder sought removal federal courts ground virtue laws state west virginia colored man eligible member grand jury serve petite jury state convicted murder west virginia affirmed held west virginia statute limiting jury duty whites unconstitutional say within limits excluded amendment state may prescribe qualifications jurors make discriminations aim fourteenth amendment discrimination race color gray sanders davis mann swann adams kilgarlin hill avery midland county moore ogilvie hadley junior college district reynolds sims wmca lomenzo roman sincock williams rhodes also held federal elections command art constitution representatives chosen people several means nearly practicable one man vote congressional election worth much another wesberry sanders meant discrimination accomplished device districts containing widely varied numbers inhabitants lucas colorado general assembly kirkpatrick preisler wells rockefeller ex parte siebold ex parte yarbrough guinn mosley lane wilson classic saylor noted general obligation bonds may satisfied real property taxes revenues local taxes paid nonowners property well realty moreover noted property taxes paid initially property owners often passed tenants customers engdahl constitutionality voting age statute geo rev article provides times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators congress shall assemble least every year meeting shall first monday december unless shall law appoint different day section defines test device 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 stat constitutionality procedure sustained south carolina katzenbach upheld durational residency requirements applied presidential elections absent act congress see drueding devlin supp md aff subsequently vacated moot case presenting question hall beals district courts faced issue durational residency requirements applied congressional elections two concluded requirement constitutional howe brown supp nd ohio cocanower marston supp additionally one refused preliminary injunction case presenting issue piliavin hoel supp wd district courts however believe drueding stand absent act congress carrington rash kramer union school district cipriano city houma phoenix kolodziejski accordingly held durational residency requirements congressional elections implication presidential elections violate equal protection clause see burg canniffe supp mass blumstein ellington supp md hadnott amos supp md bufford holton supp ed none cases act congress involved article iv constitution provides citizens state shall entitled privileges immunities citizens several fourteenth amendment provides state shall make enforce law shall abridge privileges immunities citizens cases relied brother harlan post contrary snowden hughes right become candidate state office like right vote election state officers right privilege state citizenship emphasis added arguably minor happersett wall contrary extent dicta indicated otherwise limited ex parte yarbrough breedlove suttles overruled harper virginia board elections involved poll tax applied federal state elections erroneously cited yarbrough proposition voting privilege immunity national citizenship pope williams involved durational residency requirements expressly reserved question application presidential elections holdings concerning privileges immunities national citizenship analyzed less five years ago brother harlan referring ex parte yarbrough classic stated cases essentially concerned vindication important relationships federal government voting federal elections involvement federal law enforcement communicating federal government guest separate opinion emphasis added contrary suggestion brother harlan post need rely power congress declare meaning fourteenth amendment determined voting national officers privilege immunity national citizenship congressional declaration necessary congressional power fourteenth amendment stated buttressed congressional power necessary proper clause thus even durational residency requirements violate privileges immunities clause congress determine necessary proper abolish national elections effectuate purpose declared justice harlan concurring part dissenting part standpoint decisions era judicial constitutional revision field suffrage ushered eight years ago baker carr find difficult sustain three aspects voting rights act amendments pub stat challenged standpoint bedrock constitutional structure nation cases bring us crossroad marked formidable stop sign sign compels us pause allow decisions carry us point sanctioning congress decision alter voter qualifications simple legislation consider whether sound doctrine truth require us hold one changes congress thus sought make accomplished constitutional amendment four cases require determination validity voting rights act amendments three respects nos oregon texas sought enjoin enforcement act applied lower voting age nos seeks declaration validity act injunction requiring arizona idaho conform laws act lower voting age state suspend august arizona literacy test requires applicants registration able read constitution english write names require idaho make several changes laws governing residency registration absentee voting presidential elections among substantial changes idaho present state residency requirement effect lowered county residency requirement intrastate migrants abolished idaho permit voting citizens formerly domiciled idaho emigrated recently register new homes must permit absentee registration voting persons lived idaho less six months relevant provisions act constitutions laws four set appendix opinion contests power congress enact provisions act involved suit government places primary reliance power congress fourteenth amendment enforce provisions amendment appropriate legislation reasons follow opinion fourteenth amendment never intended restrict authority allocate political power see fit therefore authorize congress set voter qualifications either state federal elections find source congressional power lower voting age fixed state laws alter state laws residency registration absentee voting respect either state federal elections suspension arizona literacy requirement however deemed appropriate means enforcing fifteenth amendment sustain basis fitting begin quotation one leading members congress proposed fourteenth amendment every constitution embodies principles framers transcript minds meaning place open doubt words used seem fixed signification err turn framers authority increases proportion evidence left question cong globe sumner historical setting close war four million freed slaves south none permitted vote white population confederacy overwhelmingly sympathetic rebellion since comparative handful persons neither former slaves confederate sympathizers place political power lodged vexing question series proclamations summer president andrew johnson laid groundwork controlled white populations held power war eliminating leading rebels unwilling sign loyalty oath radicals hand ardently favor negro suffrage essential prevent resurgent rebellion requisite protect freedmen necessary ensure continued radical control government ardor cooled ran northern racial prejudice time six maine new hampshire vermont massachusetts rhode island new york permitted negroes vote new york imposed special property residency requirements negro voters referenda late year enfranchising proposals roundly beaten connecticut wisconsin minnesota territory colorado district columbia gillette supra popular rebuffs led radicals pull horns hope protracted process reconstruction north educated advisability negro suffrage least south meantime course essential bar southern representation congress lest combination southerners democrats obtain control government frustrate radical goals problem congressional representation acute freeing slaves compromise ceased effect predictions precise effect change varied person calculating consensus south entitled least new members congress course like number new presidential electors radicals rallying cries kept public summer one author gives description mood congress convened movements influencing fourteenth amendment developed prior first session congress negro suffrage outstanding volume private public comment indicates viewed issue prime importance cry changed basis representation reality subsidiary meant radicals secure another way negro suffrage might accomplish removal danger democratic dominance consequence southern restoration danger possible repudiation national obligations assumption rebel debt invariably presented show need negro suffrage new basis representation sentiment disqualification though natural growth well suited purposes movement guarantee civil rights sponsored originally conservative republicans received emphasis radicals state elections indicated suffrage serve party platform papers relating representation southern referred committee fifteen without debate result many foreseen assert congressional control reconstruction time put congressional power hands largely radical secret committee joint committee began work beginning due course reported joint resolution amend constitution proposal based representation direct taxes population proviso whenever elective franchise shall denied abridged state account race color persons race color shall excluded basis representation globe time civil rights bill second freedmen bureau bill debated bills provided list rights secured including voting senator trumbull reported civil rights bill behalf senate judiciary committee stated want bring question negro suffrage bill globe house counterpart exhibited reluctance globe cong wilson iowa despite considerable uncertainty constitutionality measures ultimately passed midst senate debates basis representation president johnson vetoed freedmen bureau bill primarily constitutional grounds veto narrowly sustained followed shortly president bitter attack radical reconstruction washington birthday speech two actions followed month later veto civil rights bill removed lingering hopes among radicals johnson support thoroughgoing plan reconstruction token increased radicals need articulated plan put country upcoming elections alternative course president taking second major product reconstruction committee resolution became fourteenth amendment proposal add equal rights provision constitution measure foreshadowed fourteenth amendment read follows congress shall power make laws shall necessary proper secure citizens state privileges immunities citizens several persons several equal protection rights life liberty property globe background fourteenth amendment congress loggerheads president reconstruction come plan six months deliberations friends foes prodded develop alternative reconstruction committee unable produce anything even get congress much less obtain adherence radicals committed negro suffrage confronted widespread public opposition goal necessity reconstruction plan service party platform elections fall language fourteenth amendment must read awareness designed response situation language amendment reconstruction measures sections fourteenth amendment originally reported read follows sec state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws sec representatives shall apportioned among several may included within union according respective numbers counting whole number persons state excluding indians taxed whenever state elective franchise shall denied portion male citizens less years age way abridged except participation rebellion crime basis representation state shall reduced proportion number male citizens shall bear whole number male citizens less years age globe conclusions may think confidently asserted easy explain contemporary observers construed three clauses reach result doubt case many congressmen simply never occurred longstanding plenary control voter qualifications affected without explicit language effect since speaker debates fourteenth amendment pursued contention construed include franchise took opposite view rarely explained arrived conclusions attempting unravel seldom articulated appropriate starting point fact framers amendment expected significant portion clause prohibiting state laws shall abridge privileges immunities citizens privileges doubt understood include ones set first section civil rights act prohibited law enjoying rights hardly consistent full membership civil society necessarily true respect prohibitions participation political process many members congress accepted jurisprudence day rights man fell three categories natural civil political privileges citizens civil rights distinct rights arising governmental organization political character others doubt relied experience similar language art iv never held guarantee right vote remarks senator howard michigan spokesman joint committee explained greater detail amendment reach suffrage contain something view see globe quoted infra nn infra cf blake mcclung dictum since privileges immunities clause expected primary source substantive protection equal protection due process clauses relegated secondary role debates contemporary materials make clear clauses appear face correspond latter portion civil rights act see supra primarily concerned person property expected enfranchise freedmen privileges immunities clause members congress doubt saw proposed amendment committee resolution related problems suffrage representation since section provide enfranchisement simply reduced representation disfranchisement doubts effect broad language removed congressman bingham primarily responsible language stated view globe quoted infra finally characterization amendment figures stevens bingham house howard senate contested democrats except passing remarks doubt simply accepted many members congress repeating gave force interpretation result appear one speaker debates fourteenth amendment unambiguously stated affect state voter qualifications three opponents measure fairly characterized raising possibility evidence original understanding found later events congress proposed fourteenth amendment also enacted first reconstruction act stat act required condition precedent readmission southern adopt constitutions providing elective franchise enjoyed male citizens age residents one year disfranchised treason felony even state readmitted legislature elected new constitution ratified proposed fourteenth amendment amendment become part constitution next development came ratification drive north stalled year passed one northern state ratified proposed fourteenth amendment arkansas readmitted union act june stat readmission based fundamental condition state constitution amended restrict franchise except reference residency requirements three days later act june stat held promise similar treatment north carolina south carolina louisiana georgia alabama florida ratify fourteenth amendment happy coincidence assent six sufficient complete ratification process hardly suggested therefore fundamental condition exacted measure caution lest fourteenth amendment fail ratification congress content enfranchisement south proposed fifteenth amendment extend suffrage northern negroes see gillette supra fact alone evidence understand fourteenth amendment accomplished result less well known fact congress considered nearly adopted proposed amendment expressly prohibited discriminatory voter qualifications discriminatory qualifications office well house passed measure required margin cong globe conference committee composed senators stewart conkling representatives boutwell bingham logan struck officeholding provision inauguration day week away houses accepted conference report see generally gillette reasons actions unclear unlikely provoked idea fourteenth amendment covered field rationale seemingly made enfranchising provision unnecessary congress readmitted remaining three confederacy admitting act case recited ratification fourteenth fifteenth amendments imposed fundamental conditions restrict elective franchise hat shall never lawful said state deprive citizen account race color previous condition servitude right hold office constitution laws said state act stat virginia act stat mississippi act mar stat texas materials demonstrate fourteenth amendment susceptible interpretation reach suffrage qualifications interpretation given immediately succeeding congresses interpretation reasonable reading section view background proposed adopted particularly doubts constitutionality civil rights act prejudice north recognition principle negro suffrage basic constitutional structure leaving suffrage qualifications clarification needed one thought provided second section amendment specifically contemplated right vote denied abridged racial grounds unanimous asked power state legislature deny right suffrage male inhabitants minor happersett wall government suggests list protected qualifications descriptive voting laws stood brief nos wholly inaccurate aside racial restrictions residency requirements many literacy property taxation qualifications hand several western permitted aliens vote satisfied certain residency requirements declared intention become citizens hardly seems necessary observe politicians framed fourteenth amendment familiar makeup electorate event congressional debates contain proof ample measure assuming represents deliberate selection voting qualifications penalized point government notes intended although never used provide remedy exclusion newly freed slaves vote brief defendant nos undoubtedly primary purpose framers amendment attention thus focused racial voting qualifications hardly unaware understood section forbid qualifications simple means penalizing conduct impose reduction representation voting discrimination violation adoption instead awkward phrasing therefore significant sure one might argue simply rhetorical flourish qualifications listed merely ones framers deemed consistent alleged prohibition argument unreasonable face untenable light historical record fatal validity reduction voting age act us sensible explanation therefore racial voter qualifications designed penalize understood permitted fourteenth amendment amendment halfway measure adopted deprive south representation enfranchise freedmen practical effect north politically acceptable precisely regional consequences avoidance explicit recognition principle negro suffrage brother black successfully argued fourteenth amendment intended strip power carefully preserved original constitution govern ante detailed historical materials make unmistakably clear joint committee two features emerge review startling clarity first committee regularly rejected explicitly enfranchising proposals favor plans postpone enfranchisement leave congressional discretion abandon altogether second abandonment negro suffrage goal exactly corresponded adoption provisions reduce representation discriminatory restrictions ballot correspondence present start five plans proposed deal representation one prohibited racial qualifications voters based representation whole number citizens state four proposals contained enfranchising provision various ways reduced representation vote racially restricted kendrick subcommittee reduced five proposals two one prohibiting discrimination reducing representation present stevens motion latter alternative accepted vote kendrick minor changes subsequently reported subcommittee also proposed whichever provision basis representation adopted congress empowered legislate secure citizens political rights privileges also equal protection enjoyment life liberty property kendrick committee reported turned consideration proposal meeting attended members motion strike clause authorizing congress legislate equal political rights privileges lost vote six four kendrick subsequent meeting however bingham subcommittee proposal replaced another mention political rights privileges otherwise quite similar kendrick see opinion justice brennan justice white justice marshall post text two provisions committee reported substitute house much concern expressed centralization power amendment work said even authorize congress regulate suffrage matter dropped post fourteenth amendment direct antecedent proposal drafted robert dale owen member congress presented joint committee stevens originally plan provided mandatory enfranchisement reduction representation date kendrick however stevens pressured various congressional delegations wanted nothing negro suffrage even remove years therefore successfully moved strike enfranchising provision correspondingly abolish limitation reduction representation racial discrimination motion carried vote kendrick bingham successful replacing owen proposal read discrimination shall made state civil rights persons race color previous condition servitude state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws kendrick examine debates word explanation order obvious reasons discussions voter qualifications congress among public cast primarily terms racial disqualifications detract utility guides interpretation individual speaker said amendment result enfranchisement negroes must taken one two views either amendment reach voter qualifications set standards limiting state restrictions ballot standards prohibit racial discrimination already set reasons lead conclude former interpretation correct understanding shared framers amendment well almost opponents mere statement latter position appears complete refutation even wholly unsupportable assumptions certain framers amendment contemplated privileges immunities citizens included vote intended permit state laws abridge privileges immunities citizens whenever rational agreed rationality prohibiting freed slaves voting remarkable theory still fails explain understood amendment permit racial voting qualifications free north congress proposition committee desired falls far short wishes fulfills hopes believe obtained present state public opinion congress several consulted upon careful survey whole ground believe nineteen loyal induced ratify proposition stringent globe explanation made stevens turned study proposed resolution results achieved saw equal punishment crime equal entitlement benefits hatever law protects white man equal means redress equal competence testify ibid thought section provided equal access polls despite immediately preceding apology fact failure mention application remarkable turning stevens discussed racial qualification voting explained section follows state shall exclude adult male citizens elective franchise abridge right shall forfeit right representation proportion effect provision either compel grant universal suffrage shear power keep forever hopeless minority national government legislative executive ibid dealt length stevens remarks prominent position house joint committee remaining remarks except bingham summation treated summary fashion supporters amendment garfield ohio kelley pennsylvania boutwell massachusetts member joint committee eliot massachusetts beaman michigan farnsworth illinois expressed regret amendment prohibit restrictions franchise quotations set margin indicate absence prohibition generally attributed prejudice congress extent enfranchising amendment pass corresponds first part stevens introductory speech supporters amendment obviously based remarks understanding affect state laws imposing discriminatory voting qualifications indicate omission drawback view group thayer pennsylvania broomall pennsylvania raymond new york mckee kentucky miller pennsylvania banks massachusetts eckley ohio remaining members house supported fourteenth amendment either speak address suffrage issue clear terms latter group gave speeches proposed amendment included spalding ohio longyear michigan shellabarger ohio remaining republican members joint committee washburne illinois morrill vermont conkling new york blow missouri participate debates amendment opposition amendment handful democrats even one seeming exception assert amendment applicable suffrage although expected thought reading plausible finck ohio shanklin kentucky even mention negro suffrage attacks amendment although finck discussed reasons southern expected ratify globe shanklin characterized amendment tyrannical oppressive globe eldridge wisconsin randall pennsylvania affirmatively indicated understanding amendment radicals least temporarily abandoned crusade negro suffrage finck measure returned senate amendments two democrats participate three days debate boyer pennsylvania rogers new jersey source great comfort set prove history fourteenth amendment inconclusive issue course lengthy speech included sentence taken context read indicate fear might prohibit racial restrictions ballot boyer said first section embodies principles civil rights bill intended secure ultimately extent indirectly political equality negro race globe rogers commenting uncertain scope privileges immunities clause observed right vote privilege globe two statements perhaps innocuous enough left alone noteworthy speaker earlier session delivered tirade principle negro suffrage either seriously believed fourteenth amendment might enfranchise freedmen unusually calm fact seriously interpret amendment way indicated well portions speeches two opponents fourteenth amendment phelps maryland niblack indiana made statements adduced show consensus applicability fourteenth amendment suffrage laws phelps voiced sentiments may three days beginning debate course speech urging soft policy reconstruction expressed fear amendment authorize congress define privileges citizens include suffrage indeed might effect proprio vigore globe phelps repeat sentiment contradicted speaker speaker debates proper indeed take part debates simply voted amendment along democratic colleagues globe niblack first day debate made following remarks give notice offer following amendment shall opportunity add fifth section follows provided nothing contained article shall construed authorize congress regulate control elective franchise within state abridge restrict power state regulate control within jurisdiction except third section hereof prescribed globe debate house substantially concluded bingham man primarily responsible language without equivocation stated amendment give second section shows power congress regulating suffrage several second section excludes conclusion first section suffrage subjected congressional law save indeed exception right people state republican government choose representatives congress guarantees constitution amendment remedy might given directly case supposed madison treason might change state government republican despotic government thereby deny suffrage people globe say stevens contradict bingham minimize force record three days debate supporter amendment criticize correct republicans democrats observed amendment left ballot exclusively control globe bingham fact tacitly admitted even find debates inconclusive contrary authority find debates pale remarks four democrats already discussed senate gag rule matters proceeded leisurely pace introductory speech normally given senator fessenden maine chairman joint committee behalf senate still weak illness unable deliver lengthy speech duty presenting views joint committee therefore devolved senator howard michigan howard minced words stated first section proposed amendment give either classes right voting right suffrage law one privileges immunities thus secured constitution merely creature law always regarded country result positive local law regarded one fundamental rights lying basis society without people exist except slaves subject depotism sic globe second section leaves right regulate elective franchise still meddle right ibid howard stated personally preferred see freedmen enfranchised committee confronted necessity proposing amendment ratified committee opinion yet prepared sanction fundamental change concession right suffrage colored race may well state plainly fairly shall misunderstanding subject opinion three fourths union induced vote grant right suffrage even degree restriction colored race ibid senate like house made frequent reference fact proposed amendment result enfranchisement freedmen supporters expressed regret fact wade ohio poland vermont stewart nevada howe wisconsin henderson missouri yates illinois remarks senator sherman ohio whose support amendment lukewarm see globe seem based common interpretation doolittle wisconsin whose support president resulted virtually read republican party proposed base representation adult male voters globe discussion senator grimes iowa member joint committee desirability change doolittle defended pointing amendment proposes allow say shall vote globe grimes respond among democrats different view expressed whose remarks informative hendricks indiana cowan pennsylvania davis kentucky johnson maryland senator howard opened debate made last remarks favor amendment said know well retain power always possessed regulating right suffrage theory constitution right never taken endeavor ever made take theory whole amendment leave power regulating suffrage people legislatures assume regulate clause constitution globe house brief discussion senate amendments measure generally chiefly democrats stevens concluded debate begun expressing regret amendment enfranchise freedmen house accepted senate changes sent measure globe collateral evidence congressional intent argument however even logically fallacious quite understandably none opinions filed today place much reliance maintain framers fourteenth amendment took away one hand given simply amendment must construed whole reasons already given supra inclusion demonstrates framers never intended confer power brethren seek find bingham one distinguished two positions suggested debates proviso remove congressional power voting qualifications bingham made response quoted colleagues globe see post observed debates proposed fourteenth amendment demonstrated amendment reach state control voting qualifications bingham one making observation globe quoted supra bingham seems recognized sort argument made connection beside point respect fourteenth amendment event even disregarding analytical difficulties argument based blatant factual shortcomings one speakers whose statements primary reliance placed stated either debates fourteenth amendment subsequently amendment enfranchise freedmen finally determined sustain legislation us rely speeches made two three years congress sent proposed amendment boutwell stevens house sumner senate argued fifteenth amendment enfranchising legislation unnecessary fourteenth amendment prohibited racial discrimination voter qualifications earlier expressed opposite position subsequent attempts achieve assertion votes achieve constitutional processes hardly entitled weight ratification scanty official materials supplemented sources congressional election fall year fourteenth amendment went radicals ran amendment reconstruction program attempting force voters choose plan president johnson campaign speeches newspaper reactions get idea understanding tone campaign set formal report joint committee fessenden openly stated composed partisan document james indeed even submitted congress day senate approved measure manuscript form globe delicate issue negro suffrage report read follows doubts entertained whether congress power even amended constitution prescribe qualifications voters state act directly subject doubtful opinion committee whether consent surrender power always exercised attached best method surmounting difficulty eminently proper committee came conclusion political power possessed exactly proportion right suffrage granted without distinction color race thought leave whole question people state holding advantage increased political power inducement allow participate exercise provision nature gentle persuasive lead hoped distant day equal participation without distinction rights privileges citizenship thus affording full adequate protection classes citizens since power holding views committee prepared amendment constitution carry idea submitted congress unfortunately think receive necessary constitutional support senate therefore proposed adoption principle involved amendment however believed sound committee proposed another form hoping may receive approbation congress much picture emerges campaign speeches although occasional democrat expressed fear amendment might result political equality supporters amendment denied effects without exception discovered among leading congressional figures stated campaign speeches amendment prohibit racial voting qualifications senators howe lane sherman sumner trumbull congressmen bingham delano schenck stevens see james fairman fourteenth amendment incorporate bill rights stan rev pointed handful northern prohibited blacks voting opposition change intense referenda issue rejected impartial negro suffrage colorado territory connecticut wisconsin minnesota twice district columbia nebraska territory kansas ohio michigan missouri new york iowa minnesota accepted day grant elected presidency inconceivable climate ratified amendment expectation require permit black citizens vote small wonder early substantially group men three years earlier proposed fourteenth amendment felt necessary make modifications constitution state suffrage laws controlled even minimal degree prohibiting qualifications face discriminated basis race consequences federal system serious contention history inconclusive undeserving attention respect transparent failure attempts cast doubt original understanding simply evidence force historical record ii history fourteenth amendment respect suffrage qualifications remarkably free problems bedevil attempts find reliable guide present decision pages past instead virtually unanimous agreement clearly repeatedly expressed amendment reach discriminatory voter qualifications rather remarkable situation issue bearing historical understanding constitutional interpretation squarely arises must confess complete astonishment position brethren history fourteenth amendment become irrelevant ante six years since first set much history seen justification result appears adequate matters posture need way justifying reliance materials sketch familiar outlines constitutional system constitution original amendments came delegated sovereign powers federal government surrendered powers expressly retained powers delegated surrendered amdt power set state voting qualifications neither surrendered delegated except extent guarantee republican form government may thought require certain minimum distribution political power power set qualifications voters national office created constitution expressly committed art art ii art may deprived retained powers concurrence house congress one asserts power set voting qualifications taken subjected federal control amendment fourteenth historical evidence makes plain congress proposing ratifying amendment affirmatively understood limiting state power voting qualifications existence power therefore survived amending process except limited fifteenth nineteenth amendments still exists today indeed fact constitutional amendments deemed necessary bring federal abolition state restrictions voting reason race amdt xv sex amdt xix even respect federal elections failure pay state poll taxes amdt xxiv forceful evidence common understanding respectively fourteenth amendment empower congress legislate respects must recognized course amending process way constitutional understanding alters time judiciary long entrusted task applying constitution changing circumstances conditions change constitution sense changes well gives language constitution unforeseen application whether explicitly implicitly name underlying purpose framers necessarily federal judiciary express constitutional provision appointed life therefore held responsible electorate inherent general authority establish norms rest society limited elaboration application precepts ordained constitution political representatives people disregards express intent understanding framers invaded realm political process amending power committed violated constitutional structure highest duty protect justified substituting views wise policy commands constitution still less justified allowing congress disregard commands understands although congress expression view power alter state suffrage qualifications entitled respectful consideration judiciary coming coordinate branch government displace duty make independent determination whether congress exceeded powers reason goes beyond marshall assertion emphatically province duty judicial department say law marbury madison cranch inheres structure constitutional system congress subject none institutional restraints imposed judicial decisionmaking controlled political process article framers expressed view political restraints congress alone insufficient control process constitution making concurrence house needed political check adequate allow simple majority congress final say matters constitutional interpretation therefore fundamentally keeping constitutional structure structure adequately protected requirement judiciary able perceive basis congressional interpretation restriction laid katzenbach morgan suggested proper basis doctrine enunciated morgan lies relative factfinding competence congress state legislatures post view understand since congress least well qualified state legislature determine factual issues far better qualified dispute basically factual nature congressional finding fact control subject review reasonableness first place argument little force applied issue whether fourteenth amendment covers voter qualifications indeed understand adherents morgan maintain contrary even assumption fourteenth amendment place limit sorts voter qualifications state may adopt still see real force reasoning brothers refer complex factual questions post call mind disputes primary objective facts dealing issues number persons ages extent education forth briefs four cases take issue respect facts nature presented congress relied brothers douglas ante brennan white marshall post except one two matters dubious relevance facts subject rational dispute disagreement cases revolves around evaluation largely uncontested factual material assumption maturity experience relevant intelligent responsible exercise elective franchise immaturity inexperience average sufficiently serious justify denying person direct voice decisions affecting life whether judgment characterized factual calls striking balance incommensurate interests balance struck depends ultimately values perspective decisionmaker matter men good reasonably differ fully agree judgments sort involved beyond institutional competence constitutional authority judiciary see baker carr frankfurter dissenting kramer union school district stewart dissenting matters legislative discretion judicial review exists narrowly limited reasons view require judiciary sustain reasonable state resolution issue also require congress abstain entering picture judicial deference based relative factfinding competence due regard decision body constitutionally appointed decide establishment voting qualifications matter state legislatures assuming authority say confidence legislature demonstrably erred adjusting competing interests justified striking legislative judgment order things efficient congenial system judgment much likely achieve satisfactory results one free hand replace state legislative judgments see ferguson skrupa considerations apply almost equal force congress displacement state decisions ideas wise policy sole distinction congress regard congress elective body presumptively popular authority value judgment makes since state legislature like authority distinction congress judiciary falls short justifying congressional veto state judgment perspectives values national legislators issue voting qualifications likely differ state legislators see reason priori prefer national figures whose collective decision applying nationwide necessarily less able take account peculiar local conditions whether one agrees judgment one expressed framers leaving voter qualifications supremacy clause colleagues seem argue represent judgment federal decisions superior whenever two may differ sure colleagues expressly say congress empowered constitution substitute judgment however sustaining state judgment require clear showing burden imposed necessary protect compelling substantial governmental interest post see post think state interest truly compelling substantial clear showing made voter qualification necessary preservation reasonable person think qualification undesirable equivalently colleagues majority congress deem given voting qualification undesirable matter policy must consider state interests involved compelling substantial adequately protected ways follows colleagues must prepared hold invalid matter federal constitutional law state voting qualifications deem unwise well qualifications congress reasonably deems unwise reason find argument subject objection explicitly acknowledged conclusion seems notion deference congressional interpretation constitution promulgated morgan directly related higher standard constitutionality intimated harper virginia board elections brought fruition kramer scope federal review state determinations became broad judicially unmanageable natural seek assistance national legislature federal role restricted traditional appropriate scope review sort plain error variously described arbitrary capricious irrational invidious call defer congressional judgment score find convincing whether state judgment exceeded bounds reason authorize federal intervention matter political process intrinsically likely produce sounder acceptable result matter delicate adjustment federal system area rely congress make body judge cause role final arbiter belongs iii since agree fourteenth amendment empowered congress federal judiciary control voter qualifications turn asserted sources congressional power brother black find power exists respect federal elections virtue art seemingly considerations finds implicit federal authority constitutional provisions controlling regulation congressional elections following art electors representatives state shall qualifications requisite electors numerous branch state legislature art times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators amdt xvii electors senators state shall qualifications requisite electors numerous branch state legislatures reduced different qualifications different one uniform rule probably dissatisfactory difficult convention provision made convention appears therefore best lay within option must satisfactory every state conformable standard already established may established state safe fixed state constitutions alterable state governments feared people alter part constitutions manner abridge rights secured federal constitution presidential elections constitution provides state shall appoint manner legislature thereof may direct number electors art ii cl congress may determine time chusing electors day shall give votes day shall throughout art ii cl iv major contentions resolved convenient consider three sections act individually determine whether supported basis congressional power voting age history fourteenth amendment may well foreclose possibility empowers congress enfranchise class citizens may protect discrimination forbidden first section unnecessary explore question think fair say suggestion members age group threatened unconstitutional discrimination hypothetical discrimination likely affected lowering voting age little short fanciful see justification stretching find possibility evidence indicates congress led recent decisions thought simply fairly entitled vote congress give legislation therefore conclude reasons given opinion voting rights act amendments congress exceeded delegated powers residency right qualified electors cast ballots votes counted held privilege citizenship ex parte yarbrough classic decisions careful observe remained determine class qualified voters federal law acting class turned right vote privilege national citizenship consistently held privileges immunities clauses react mere status citizenship enfranchise citizen otherwise valid state law allow vote minor happersett wall pope williams breedlove suttles cf snowden hughes minors felons insane persons persons satisfied residency requirements among citizens allowed vote privileges immunities clause art iv constitution direct descendent art iv articles confederation better secure perpetuate mutual friendship intercourse among people different union free inhabitants paupers vagabonds fugitives justice excepted shall entitled privileges immunities free citizens several right travel across state lines see guest shapiro thompson likewise insufficient require idaho conform laws requirements justice stewart justifies solely power fourteenth amendment enforce privileges immunities clause deems basis right travel post find impossible square position authorizes congress abolish state voting qualifications based residency position authorize congress abolish qualifications based race since historical record compels accept latter position must reject former justice brennan justice white justice marshall anchor right interstate travel specific constitutional provision post past decisions refer relied two privileges immunities clauses discussed due process clause fifth amendment commerce clause see shapiro thompson dissenting opinion fifth amendment wholly inapplicable state laws surely commerce clause seriously relied sustain act challenged specific clause constitution empowering congress enact fail see nebulous judicial construct right travel literacy despite lack evidence specific instances discriminatory application effect congress determined racial prejudice prevalent throughout nation literacy tests unduly lend discriminatory application either conscious unconscious danger violation fifteenth amendment sufficient authorize exercise congressional power whether engage particularized inquiry extent effects discrimination either condition precedent condition subsequent suspension literacy tests choice congress make fact suspension five years require congress close period less sweeping approach delicate area might well appropriate choice congress made within range reasonable therefore agree act valid exercise congressional power extent involved case express view validity applied suspend tests educational qualifications lend readily discriminatory application effect reasons expressed opinion grant relief requested nos orig dismiss complaint failure state claim relief granted grant declaratory relief respect validity voting rights act amendments applied arizona current literacy test deny relief respects leave reapply district district arizona injunctive relief event proves necessary confident conclusion add following consideration troubled deciding residency provisions legislation held unconstitutional whether regard doctrine stare decisis preventing arriving result indicated outset opinion continue consider constricted recent past decisions holding equal protection clause fourteenth amendment reaches state electoral processes particularly perforce decisions cited supra led cast vote brethren opinion lowering voting age abolition state residency requirements presidential elections within ordinary legislative power congress much reflection reached conclusion allow stare decisis stand way casting vote accordance deeply convinced constitution demands annals developments march events imperatively called upon us take fresh hard look past decisions well mustered support developments legislative lowering voting age albeit lesser extent elimination state residential requirements presidential elections concluding decisions withstand constitutional scrutiny think duty depart rather lend support perpetuating constitutional error name stare decisis taking position feel fortified evident malaise among members decisions despite majority holds congressional attempt lower voting age simple legislation unconstitutional insofar relates state elections despite four members take view legislation respect federal elections well fifth member considers legislation constitutionally infirm regards state elections relies decisions reaching opposite conclusion federal elections eight members vote uphold residential provision statute four appear rely upon decisions reaching result circumstances satisfied free decide cases unshackled line decisions felt start entailed basic departure sound constitutional principle appendix opinion harlan voting rights act amendments pub stat title ii supplemental provisions application prohibition sec used section term test device means 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 residence requirements voting sec denies abridges inherent constitutional right citizens vote president vice president denies abridges inherent constitutional right citizens enjoy free movement across state lines denies abridges privileges immunities guaranteed citizens state article iv section clause constitution instances impermissible purpose effect denying citizens right vote officers way may vote effect denying citizens equality civil rights due process equal protection laws guaranteed fourteenth amendment bear reasonable relationship compelling state interest conduct presidential elections upon basis findings congress declares order secure protect rights citizens constitution enable citizens better obtain enjoyment rights enforce guarantees fourteenth amendment necessary completely abolish durational residency requirement precondition voting president vice president establish nationwide uniform standards relative absentee registration absentee balloting presidential elections citizen otherwise qualified vote election president vice president shall denied right vote electors president vice president president vice president election failure citizen comply durational residency requirement state political subdivision shall citizen denied right vote electors president vice president president vice president election failure citizen physically present state political subdivision time election citizen shall complied requirements prescribed law state political subdivision providing casting absentee ballots election purposes section state shall provide law registration means qualification duly qualified residents state apply later thirty days immediately prior presidential election registration qualification vote choice electors president vice president president vice president election state shall provide law casting absentee ballots choice electors president vice president president vice president duly qualified residents state may absent election district unit state day election held applied therefore later seven days immediately prior election returned ballots appropriate election official state later time closing polls state day election citizen otherwise qualified vote state political subdivision election president vice president begun residence state political subdivision thirtieth day next preceding election reason satisfy registration requirements state political subdivision shall allowed vote choice electors president vice president president vice president election person state political subdivision resided immediately prior removal satisfied date change residence requirements vote state political subdivision absentee ballot state political subdivision resided immediately prior removal satisfies nonresident status reason absence requirements absentee voting state political subdivision citizen otherwise qualified vote absentee ballot state political subdivision election president vice president shall denied right vote choice electors president vice president president vice president election requirement registration include provision absentee registration nothing section shall prevent state political subdivision adopting less restrictive voting practices prescribed herein separability sec title iii reducing voting age eighteen federal state local elections declaration findings sec denies abridges inherent constitutional rights citizens eighteen years age yet years age vote particularly unfair treatment citizens view national defense responsibilities imposed upon citizens effect denying citizens eighteen years age yet years age due process equal protection laws guaranteed fourteenth amendment constitution bear reasonable relationship compelling state interest order secure constitutional rights set forth subsection congress declares necessary prohibit denial right vote citizens eighteen years age prohibition sec effective date sec arizona constitution arizona revised statutes annotated every resident state qualified become elector may register vote elections authorized law citizen years age prior regular general election next following registration resident state one year county claims right vote thirty days next preceding election able read constitution english language manner showing neither prompted reciting memory unless prevented physical disability able write name unless prevented physical disability election held date registration next regular general election elector eligible vote date intervening election years age resident state one year county thirty days person convicted treason felony unless restored civil rights idiot insane person person guardianship qualified register amended laws closing registrations elector shall registered vote five day two months preceding date next primary election seven day primary election elector shall registered vote five eighth monday preceding general election seven day thereof amended laws laws idaho constitution idaho code eligibility new residents vote citizen immediately prior removal state citizen another state resident state sixty days next preceding day election less six month period required residence voting prior presidential election entitled vote presidential electors election offices otherwise possesses substantive qualifications vote state except requirement residence registration complies provisions act application presidential ballot new residents person desiring qualify act order vote presidential electors shall considered registered within meaning act ten days prior date general election shall make application form affidavit executed duplicate presence county auditor substantially follows voting new residents applicant upon receiving ballot presidential electors shall mark forthwith ballot presence county auditor manner official know ballot marked shall fold ballot county auditor presence conceal markings deposit seal envelope furnished county auditor absent voting authorized qualified elector state idaho absent expects absent election precinct resides day holding election laws state official ballot required within election precinct unable physical disability blindness go voting place registration required election duly registered therefor may vote election hereinafter provided return ballot marking ballot ballots absent disabled blind elector shall refold theretofore folded shall inclose said official envelope seal said envelope securely mail registered certified mail deliver person officer issued provided absentee ballot must received issuing officer noon day election ballot may counted said ballot ballots shall marked folded sealed said voter private secretly provided whenever disability blindness makes necessary voter shall assisted marking ballot voter may assistance person choice marking ballot oregon constitution years age older texas constitution section following classes persons shall allowed vote state wit first persons years age second idiots lunatics third paupers supported county fourth persons convicted felony subject exceptions legislature may make qualified elector registration absentee voting sec every person subject none foregoing disqualifications shall attained age years shall citizen shall resided state one year next preceding election last six months within district county person offers vote shall deemed qualified elector provided however offering vote election voter shall registered annually requirement registration shall considered qualification elector within meaning term qualified elector used article constitution respect matter except qualification eligibility vote election legislation enacted anticipation adoption amendment shall invalid anticipatory nature legislature may authorize absentee voting provision constitution shall without necessity legislation texas election code following classes persons shall allowed vote state persons years age idiots lunatics paupers supported county persons convicted felony except restored full citizenship right suffrage pardoned art qualification requirements voting every person subject none foregoing disqualifications shall attained age years shall citizen shall resided state one year next preceding election last six months within district county person offers vote shall registered voter shall deemed qualified elector person shall permitted vote unless registered accordance provisions code provisions section modified sections code shall apply elections including general special primary elections whether held state county municipality political subdivision state political party attorney general citizen new york named defendant jurisdictional basis alleged art iii gives original jurisdiction controversies state citizen another state held similar suit justiciable otherwise within original jurisdiction south carolina katzenbach parties asked us validity ruling since undertaken content sustain jurisdiction authority decision response inquiries attorney general arizona oregon texas indicated willingness abide act governing residency registration absentee voting presidential elections conform conflicting state laws account text largely drawn james framing fourteenth amendment hereafter james extent gillette right vote politics passage fifteenth amendment hereafter gillette kendrick journal joint committee fifteen reconstruction hereafter kendrick well representatives direct taxes shall apportioned among several may included within union according respective numbers shall determined adding whole number free persons including bound service term years excluding indians taxed three fifths persons see infra text provisions discussion contention empower congress set qualifications voters federal elections shall guarantee every state union republican form government proclamation may stat north carolina texts state constitutions readily available thorpe federal state constitutions qualifications imposed various three years later fifteenth amendment proposed presented tabular form hearings voting rights bill senate committee judiciary james see globe freedmen bureau bill globe civil rights bill formally consideration postponed date april six weeks globe generally understood april means indefinitely nation mar quoted james change made addition citizenship clause senate globe primary change made condition reduction representation denial abridgment right vote certain named elections rather speak generally denial abridgment elective franchise ibid section reads representatives shall apportioned among several according respective numbers counting whole number persons state excluding indians taxed right vote election choice electors president vice president representatives congress executive judicial officers state members legislature thereof denied male inhabitants state years age citizens way abridged except participation rebellion crime basis representation therein shall reduced proportion number male citizens shall bear whole number male citizens years age state section act provided part persons shall right every state territory make enforce contracts sue parties give evidence inherit purchase lease sell hold convey real personal property full equal benefit laws proceedings security person property enjoyed white citizens shall subject like punishment pains penalties none law statute ordinance regulation custom contrary notwithstanding act apr stat connection professor fairman admonition years ago even forceful wrote know much constitutional law fourteenth amendment men adopted remind surprised find vague want prove sharp eighty years adjudication taught us distinctions subtleties men even perceive need analysis fairman fourteenth amendment incorporate bill rights stan rev see globe trumbull globe cong wilson iowa quoting kent commentaries bouvier law dictionary globe cong thayer however considered distinction either nonexistent uncertain basis legislation globe saulsbury globe cong thornton globe cong bingham hardly seems necessary point jurisprudential concept political opposed civil natural rights bears relation class nonjusticiable issues perhaps inappropriately known political questions see opinion justice douglas ante see generally fairman fourteenth amendment incorporate bill rights stan rev especially remarks three democrats niblack boyer rogers discussed infra also discussed remarks fourth democratic representative phelps delivered start debate proposed fourteenth amendment provision might seem useless light fifteenth amendment doubtless intended prohibit imposition property literacy qualifications even though fairly applied effect disfranchising negroes radicals sought prohibit qualifications fifteenth amendment unsuccessful see gillette history indicates supporters fourteenth amendment surprised suggestion amendment brought qualifications state office federal supervision officeholding focus attention consideration amendment moreover state power set voter qualifications unlike state power set qualifications office explicitly recognized original constitution fourteenth amendment whether distinctions sufficient justify testing state qualifications office fourteenth amendment matter presented cases state action racial basis see anderson martin prepared assume fifteenth amendment provides protection despite statement opinion justice brennan justice white justice marshall post find surprising state undercut right vote taking steps ensure candidates unpalatable voters certain race although explicit provision officeholding deleted proposed fifteenth amendment eleventh hour idea right vote without implies right voted specifically referred supporters fifteenth amendment houses congress see cong globe cong boutwell cong butler sawyer hearings supra see globe cong blaine globe howard globe sens wade wilson globe henderson journal reprinted kendrick supra attempts altogether successful see james see generally kendrick reasons developed infra report joint committee sess less useful indication understanding committee congress indication understanding ratifying owen account fourteenth amendment given political results varioloid atlantic monthly june see james gillette owen supra see votes steven motion select alternative reduced representation rather prohibited racial restrictions ballot kendrick boutwell motion condition readmission tennessee state agreement discriminate voter qualifications kendrick stevens motion strike provision owen plan enfranchising negroes kendrick motion condition readmission tennessee arkansas provided impartial male suffrage well conforming laws constitutions requirements proposed amendment included bingham provision motion made kendrick bingham however wholly opposed negro suffrage chairman subcommittee reported provision empowered congress provide equal political rights privileges kendrick although one subsequently replaced first provision reported congress kendrick already noted substitute contained substantially identical language omitted reference political rights privileges bingham also voted owen plan enfranchised negroes first presented kendrick february moved condition readmission southern impartial male suffrage well ratifying fourteenth amendment conforming laws thereto kendrick guess motives bingham members committee sheer speculation necessarily true believed replacing specific language general author original plan one seems taken opposite view gave following characterization years later declaration citizen unnecessary given suffrage negro since possible doubt elector citizen also specification particular civil rights assured place think constitutional amendment though necessary proper civil rights bill owen supra emphasis added proceedings joint committee examined greater detail opinion justice brennan justice white justice marshall post agree apparent conclusion journal sheds little light contemporary construction fourteenth amendment one left two facts noted outset section plans considered joint committee provided either reduction representation enfranchisement none provided time committee consistently rejected provisions enfranchise freedmen conceivable exception plan defeated house largely scope powers transferred federal government unless course one adopts conspiracy theory history fourteenth amendment thus far one quite done context regret shall able tell house found situation sic affairs country public virtue might come plain unanswerable proposition every adult intelligent citizen unconvicted crime shall enjoy right suffrage globe shall speaker vote amendment approve controlled report committee fifteen proposed give right suffrage every loyal man country globe far individually concerned object amendment whole go far enough propose enfranchise every loyal man country ibid proposition matter suffrage falls short desire far goes tends equalization inequality present existing demand shall continue demand franchise loyal male citizens country admit possibility ultimately eleven may restored representative power without right franchise conferred upon colored people feel doubly humiliated disgraced criminal even hesitated proposition equalizes representation globe second section speaker judgment nearly correct without fully full measure right one thing right secured amendment manifestly state basis national representation enlarged reason portion citizens within borders elective franchise denied political power shall lost denial imposed participation rebellion crime hoped political interests may work line justice end impartial enfranchisement citizens disqualified crime whether end shall attained secured measure political power state shall determined portion citizens speak act polls shall enlarged residence within state portions citizens denied right franchise much second section amendment wish demand odious inequalities removed representation equalized political rights citizens operation believe ultimately recognized admitted globe hope see rights freedom completely established hope manhood magnanimity declare men wielded sword defense country fit intrusted ballot convinced expectations hitherto fondly cherished doomed disappointment globe step right direction although prefer see incorporated constitution guarantee universal suffrage get required two thirds cordially support proposition next best globe freed slaves added thinking voting men southern proper addition represented body know case late slaves enter basis local representation unprecedented thing population permitted reside enter basis representation state receive element representation globe second proposition short limit representation several shall limit suffrage negroes south counted political element government south counted political element government country union counted southern people counted us globe deprived southern inducement gradual admission freemen right suffrage inasmuch exacted universal suffrage condition upon counted basis representation voted proposition seemed unjust injurious whites southern colored race well sir amendment rejected senate proposition embodied committee report comes us different form proposed base representation upon suffrage upon number voters instead upon aggregate population every state union believe essentially likely remedy unequal representation complaint justly made shall give vote globe later discussion time disfranchised certain rebels federal elections raymond remarked effect allow one fifth one eighth one tenth case may people southern elect members hold seats upon floor ibid obvious possibility negroes voting elections cross mind house prepared enfranchise men nation perhaps prepared colored race prepared probably sure rebels unfit congress moral courage vote put provision cuts traitor political power nation secured loyal men control richly deserve globe amendment settle complication regard suffrage representation leaving state regulate decide whether shall representation male citizens less years age globe doubt government full power extend elective franchise colored population insurgent mean authority said power doubt government authority constitution think power distinction make authority power nature government right public opinion country precise moment make impossible therefore wise part committee reconstruction waive matter deference public opinion globe south carolina persists withholding ballot colored man let take alternative offer confining white basis representation globe spalding speeches given globe remarks addressed read first measure proposed person may read five hundred years hence without gathering idea rebellion ever existed may said second proposition proposes bondsmen made free apportionment representatives congress shall based upon whole number persons exercise elective franchise instead population globe month later debate amendment returned senate spalding expressed views clearly say individual cheerfully give vote provision allowed men proper age made free join exercise right suffrage country obtain wish go heartily secure obtain globe longyear speech published globe terms address section except third however difficult read statement proposals joint committee disappointed expectations people personal hopes reference absence provision suffrage shellabarger spoke briefly connection disfranchising section course remarks expressed view congressional power regulate voter qualifications federal elections granted art globe gentleman pennsylvania stevens gives universal suffrage gentlemen give universal confiscation gentlemen give universal butchery people compromise call principle purpose saving party next fall election globe gentlemen admit desire federal control suffrage weak kneed party equal issue purpose timidity ingraft negro suffrage upon constitution force entire people union globe second section admits right thus exclude negroes voting says exclude shall also excluded representation shall suffer penalty loss representation globe boyer speech made opposition proposal enfranchise negroes district columbia thought negro suffrage monstrous proposition globe incompatible broad general principle right white man government globe one rogers harangues subject came connection bill spoke monstrous doctrine political equality negro race white globe launched attack remarkable vitriol boyer viewed time prohibited voluntary participants rebellion voting federal elections objectionable parts globe disfranchise voting population south four years second section found objectionable designed reduce number southern representatives congress electoral college also operate standing inducement negro suffrage globe remarks indicate awareness first section increase number voters southern also render inducement negro suffrage unnecessary rogers later speech asserted committee dare submit broad proposition people negro suffrage dare pass negro suffrage bill passed house senate heard one honorable leading man republican side house say sink oblivion party advocate american people equal right negro white man suffrage globe returned senate amendments rogers addressed house stated records joint committee made public revealed committee first agreed recommend universal negro suffrage reconsidered force public opinion globe app rogers member joint committee presumably referring acceptance rejection owen plan enfranchisement amendment however released press april james amiss point whatever force phelps rogers interpretations may face contrary authority even foresaw danger equal protection clause source federal power suffrage like colleagues post find difficult understand bingham meant said exercise elective franchise though one privileges citizen republic exclusively control globe however find mysterious sentence mean exercise elective franchise exclusively control congress find dilute force explicit statements quoted reach right vote general statements bingham stevens effect amendment designed achieve equality law effectuated legislation part likewise weaken force statements specifically addressed suffrage question quoted fessenden however present senate participated discussion see globe therefore position correct gross misinterpretation views committee colleagues post point howard reference corfield coryell fed cas cced order gather intimation probably opinion judiciary scope privileges immunities clause globe text indicates howard rejected justice washington lengthy dictum insofar said protected privileges immunities included elective franchise regulated established laws constitution state exercised senator quoted referred portion washington opinion debates proposed fourteenth amendment corfield held new jersey constitutionally restrict access oyster beds residents leading authority privileges immunities mind congress one campbell morris mch md samuel chase abbot bayley pick mass parker also cited see fairman fourteenth amendment incorporate bill rights stan rev specifically stated privileges immunities protected art iv include right suffrage right hold office howard man suggested debates fifteenth amendment freedmen entitled ballot virtue privileges immunities clause fourteenth amendment recalled role framing amendment said feel constrained say first time ever occurred right vote derived fourteenth article think construction maintained cong globe referred debates fourteenth amendment fact obody ever supposed right voting holding office guaranteed second section fourth article old constitution bolster construction fourteenth amendment ibid think friends colored people south excluded right voting shall vote votes sufficient number agree congress shall able carry agree particular senator michigan howard yields provision committee resolution subject reluctantly believe three fourths got ratify proposition right opinion go foundation justice far weakening people strengthen immensely know opinion many suppose must accommodate majorities propose contend get right direction finally go give us anything beneficial globe much better satisfied right suffrage given intelligent colored people south served army believing amendment probably goes far favor suffrage negro practicable accomplish hoping may end accomplish desire respect shall vote adoption although glad go globe declares men entitled life liberty property imposes upon government duty discharging solemn obligations fails adopt easy direct means attainment results proposed refuses aid four million people maintaining government people furnishes conclusive argument favor universal amnesty impartial suffrage utter impossibility final solution difficulties means proposed cause north clamor suffrage globe sorry put clause constitution sorry necessity calls upon us put preceding clause constitution wish community state prepared say friend nevada stewart men may represented congress shall represented shall choose representatives better doctrine true doctrine much prefer unite people saying hereafter man shall excluded right vote unite saying hereafter men may excluded right representation globe app henderson offered direct enfranchising provision alternative committee first effort field representation see globe app stated recognized country yet prepared share political power negroes supported committee plan globe lthough obtain suffrage far grasping desire south office old desire rule reign government control destinies early day hasten enfranchisement loyal blacks globe reason white citizens south carolina vote political power class people say entirely unfit vote portion people country unfit vote neighbors vote globe indication sherman considered south carolina disqualification racial grounds improper massachusetts limitations franchise men mentioned next breath think negro right voting favor intend shall given plain words confer upon much fairer seek indirection people distinctly understand propose change constitution globe operation amendment whip held pennsylvania say must either allow negroes vote one member congress less globe second section true meaning intended difficult reached understood measure shrinks responsibility openly forcing negro suffrage upon late slave attempts great penalty coerce accept globe app says southern course state union right regulate franchise consequently far government concerned black man permitted right franchise wrong wrong government impotent redress globe johnson democratic senator joint committee rebel enlarged basis representation exclusion loyal men color see hope safety unless prescription proper enabling acts shall justice freedmen enjoin enfranchisement globe kelly see globe quoted supra farnsworth see globe quoted supra eliot see globe quoted supra higby see globe debate readmission tennessee despite electorate bingham see globe quoted supra see also globe debate readmission tennessee stevens see globe quoted supra globe quoted supra raymond see globe quoted supra ashley see globe summer see infra fessenden see quoted infra yates see globe quoted supra stewart see globe quoted supra wade see globe quoted supra exception senator wilson massachusetts address issue however participated debates see globe therefore position express disagreement interpretation uniformly offered senate secondary reliance placed shellabarger cook boutwell julian lawrence ohio representatives exception boutwell see supra participate significantly debates fourteenth amendment substance earlier remarks congress power usually way guarantee clause see supra oversee state voter qualifications shellabarger also relied art see supra infra julian relied thirteenth amendment boutwell looked declaration independence relevance views scope fourteenth amendment apparent stevens see globe quoted supra globe quoted supra james campaign speech fall boutwell see globe quoted supra globe debate readmission tennessee sumner actually participate debates however caucus republican senators agreed form amendment sumner gave notice intended move amend bill accompanying proposed amendment bill provided confederate state might readmitted representation congress proposed amendment become part constitution particular state ratified modified constitution laws conformity therewith bill reprinted kendrick summer amendment provided state might readmitted ratified fourteenth amendment modified constitution laws conformity therewith shall provided shall denial elective franchise citizens race color persons shall equal law globe emphasis added sumner also referred negro suffrage unfinished business speeches fall james citations state materials see fairman fourteenth amendment incorporate bill rights stan rev fear amendment reach voting expressed brevier legis indiana extra sess tex last four rejected proposed amendment opponents amendment stated assumed reach voting qualifications ark report joint committee federal relations md doc mm mar mass doc pp ind equivocal persons born naturalized subject jurisdiction rightfully citizens state justly entitled political civil rights citizenship confers state possess power divest great rights except treason infamous crime ind maine mass doc pp app wis assembly found references two speeches one senator hendricks one george morgan candidate congress ohio cincinnati daily commercial quoted fairman supra cincinnati daily commercial quoted fairman supra see gillette supra reynolds sims dissenting opinion art iv see supra text contention congress power override state judgments qualifications voting federal elections discussed infra amdt xv section right citizens vote shall denied abridged state account race color previous condition servitude section congress shall power enforce article appropriate legislation amdt xix right citizens vote shall denied abridged state account sex congress shall power enforce article appropriate legislation amdt xxiv section right citizens vote primary election president vice president electors president vice president senator representative congress shall denied abridged state reason failure pay poll tax tax sec congress shall power enforce article appropriate legislation see harper virginia board elections conclusion like reynolds sims founded think governmental policy equal protection clause requires cases used equal protection clause strike state voter qualifications decided since eight cases decided opinion carrington rash louisiana harper virginia board elections katzenbach morgan kramer union school district cipriano city houma evans cornman phoenix kolodziejski cases summarily disposed none cases advert argument based historical understanding although occasionally entertained merits challenges state voter qualifications equal protection clause two cases sustained challenges nixon herndon held texas statute limiting participation democratic party primary whites violated fourteenth amendment nixon condon held texas avoid reach herndon decision transferring party executive committee power set qualifications participation primary neither nixon cases history fourteenth amendment suggested cases argued assumption racial prohibitions voting state general elections violate fourteenth well fifteenth amendment potential line decisions proved abortive classic laid groundwork holding participation party primaries included within right vote protected fifteenth amendment see reynolds sims dissenting opinion nixon opinions relied subsequent cases smith allwright terry adams even referred recent cases voter qualifications cited particular instance two branches government fact expressed conflicting views validity title iii act provision see doc fact however understand doctrine deference rational constitutional interpretation congress espoused majority katzenbach morgan consistent statement chief justice marshall reaffirmation cooper aaron marbury declared basic principle federal judiciary exposition law constitution principle ever since respected country permanent indispensable feature constitutional system contrast metropolitan cas ins brownell relied colleagues case crucial factual issue record silent whether casualty insurance companies incorporated indiana generally keep funds maintain business offices agencies settlement claims outside state might well asked standard equally applicable congressional expansion franchise us lowering voter qualifications dilutes voting power meet higher standard held right suffrage denied debasement dilution weight citizen vote effectively wholly prohibiting free exercise franchise reynolds sims omitted interference state control qualifications voting presidential elections order encourage interstate migration appears particularly vulnerable analysis terms compelling federal interests although justice black rests decision part assumption selection presidential electors federal election held green repeated ray blair presidential electors act authority federal officials time suits filed two georgia kentucky allowed vote two hawaii alaska set voting age subsequent referenda voters declined lower voting age five lowered voting age alaska lowered age see washington post citizens state shall entitled privileges immunities citizens several time constitution adopted additional restrictions based payment taxes ownership property well creed sex imposed making proposition even clearer see art ii state retains sovereignty freedom independence every power jurisdiction right confederation expressly delegated congress assembled legislative history voting rights act amendments contain sufficient evidence effect needed cf voting rights act stat suspended literacy tests areas falling within coverage formula allowed reinstatement tests upon judicial determination preceding five years tests used discriminatory purpose effect supp amended pub stat assume reasonableness applicable standard notwithstanding fact instant legislation challenged ground improperly dilutes votes literate arizona citizens see kramer union school district supra justice brennan justice white justice marshall dissent judgments insofar declare unconstitutional applied state local elections concur judgments respects following reasons cases draw question power judgment congress enacting titles ii iii voting rights act amendments stat state arizona challenges power congress impose nationwide ban august use literacy certain tests limit franchise election state idaho takes issue asserted congressional power find imposition durational residence requirement deny right vote elections president vice president imposes burden upon right free interstate migration necessary compelling state interest finally oregon texas arizona idaho us strike unreasonable beyond congressional power findings embodied amendments denying vote otherwise qualified persons years age granting years age older violates equal protection clause event reasonably related compelling state interest nos oregon texas invoked original jurisdiction art iii constitution restrain attorney general citizen new york enforcing voting provisions amendments south carolina katzenbach nos seeks orders enjoining arizona enforcing age literacy limitations franchise enjoining idaho enforcing age residence absentee voting limitations insofar limitations inconsistent amendments original jurisdiction founded upon art iii constitution see california since view congressional power enact challenged amendments found enforcement clauses fourteenth fifteenth amendments since may easily perceive rational basis congressional judgments underlying deny relief nos issue requested orders nos orig voting rights act stat et seq supp proscribed use test device including literacy tests political subdivisions fell within coverage formula set forth act supp although previously concluded literacy tests fairly administered violate neither fourteenth fifteenth amendment lassiter northampton election board nevertheless upheld selective proscription congress south carolina katzenbach canvassing voluminous legislative history act found ample basis legislative conclusion proscription necessary combat insidious pervasive evil racial discrimination regard voting accordingly held proscription well within power congress granted fifteenth amendment three years later gaston county sustained application ban literacy tests county evidence test discriminatory least since administered discriminatory manner notwithstanding fact noted record contain substantial evidence years past gaston county systematically deprived black citizens educational opportunities granted white citizens since turn deprived equal chance pass literacy test even impartial administration impartial test inevitably result discrimination congress fifteenth amendment sought proscribe see south carolina katzenbach challenge made present cases either act extension ban tests devices embodied title amendments arizona however challenge amendments extends august act selective ban use tests devices political subdivisions already force virtue act substance arizona argues providing education equal quality citizens literacy test fair fairly administered evidence legislative record upon congress relied reach contrary conclusion urges extent citizens arizona denied right vote illiteracy resulting discriminatory governmental practices unlawful discrimination governments state arizona political subdivisions arizona suggests laws overridden cure discrimination part governmental bodies elsewhere country need question arizona assertions nondiscriminatory character past present educational system congressional power remedy evils resulting racial discrimination end subject discrimination removes jurisdiction injury occurred constitution framed dominion political philosophy less parochial range framed upon theory peoples several must sink swim together long run prosperity salvation union division baldwin seelig see edwards california upholding suspension literacy tests applied gaston county act see legal significance possibility adult residents county might received education counties also maintaining segregated unequal school systems gaston county legislative history amendments contains substantial information upon congress based finding use literacy tests arizona use proscribed act effect denying vote racial minorities whose illiteracy consequence previous governmentally sponsored denial equal educational opportunity attorney general arizona told senate subcommittee constitutional rights many older indians state never privileged attend formal school extensive testimony houses indicated racial minorities long received inferior educational opportunities throughout interstate migration persons particularly negroes southern long matter common knowledge moreover congress given testimony explicitly relating denial educational opportunity inability pass literacy tests covered formula contained act commission civil rights reported survey northern western concluded literacy tests negative impact upon voter registration falls heavily blacks persons spanish surname regard specifically arizona chairman navajo tribal council testified greater percentage navajos registered new mexico literacy test arizona short question congress legitimately concluded use literacy tests anywhere within inevitable effect denying vote members racial minorities whose inability pass tests direct consequence previous governmental discrimination education almost five years ago found fifteenth amendment ample grant legislative power congress decree selective proscription tests certain portions country south carolina katzenbach since held power ample cover proscription fair literacy tests fairly administered nevertheless operate disenfranchise racial minorities previous governmental discrimination education gaston county five years experience act persuaded congress nationwide ban literacy potentially discriminatory tests necessary prevent racial discrimination voting throughout country conclusion amply supported legislative record amendments accordingly well within scope congressional power ii section amendments abolishes durational state residence requirements restricting right vote presidential elections place congress undertaken prescribe uniform nationwide system registration absentee voting designed allow otherwise qualified persons vote elections regardless length time lived particular jurisdiction required keep open registration rolls presidential elections days preceding election persons changed residence within days election otherwise qualified entitled vote either person absentee ballot state previous residence compelled permit casting absentee ballots properly qualified persons made application less seven days prior election returned ballot appropriate officials later closing polls election day provision must also made allow absentee registration idaho challenges power congress enact legislation insofar conflicts idaho statutory constitutional provisions regarding durational residence requirements voting regarding absentee voting regarding absentee registration state argument brief constitution left power set qualifications voters state federal elections subject certain explicit limitations example imposed fourteenth fifteenth nineteenth amendments admitting unreasonable residence requirements may withstand judicial scrutiny carrington rash idaho urges residence requirement necessary protection fraud administrative purposes consequence amendments said weight compelling state interests whether constitution vests congress particular power set qualifications voting strictly federal elections believe adequate constitutional basis fourteenth amendment century recognized constitutional right citizens unhindered interstate travel settlement passenger cases taney crandall nevada wall paul virginia wall edwards california guest shapiro thompson whatever constitutional provision right may said flow existence fundamental importance federal union long established beyond question definition imposition durational residence requirement operates penalize persons persons exercised constitutional right interstate migration course governmental action incidental effect burdening exercise constitutional right ipso facto unconstitutional case governmental action may withstand constitutional scrutiny upon clear showing burden imposed necessary protect compelling substantial governmental interest shapiro thompson jackson sherbert verner determined burden placed upon constitutional right onus demonstrating less intrusive means adequately protect compelling state interests upon party seeking justify burden see speiser randall present case congress explicitly found imposition durational residence requirements abridges right free interstate migration requirements reasonably related compelling state interests amendments latter finding made full cognizance possibility fraud administrative difficulty senator goldwater testifying senate hearings bill pointed presently allow registration days less prior election idaho allows registration desiring vote new residents presidential elections within days balloting idaho code idaho assertion administrative unfeasibility maintaining separate registration lists fully qualified voters qualified presidential balloting difficult credit light fact idaho constitution art sets separate qualifications voting general presidential elections provisions absentee voting senator goldwater pointed floor senate likewise drawn proven practice allow application within week election permit marked ballot returned election day finally idaho provided evidence beyond mere assertion scheme inadequate protect fraud kind fraud asserted possibility dual voting idaho provided explanation period closing new registrations date election provide light modern communications adequate time insure frauds accordingly find ample justification congressional conclusion reasonable means eliminating unnecessary burden right interstate migration guest supra iii final question presented cases propriety title iii amendments forbids disenfranchising persons age age congress view prohibition embodied amendments necessary among reasons order enforce equal protection clause fourteenth amendment see involved present litigation question assertion congressional power make judgment important outset recognize involved cases faced assertion congressional power regulate aspects state federal elections even make general rules determination voter qualifications faced assertion congress possessed plenary power set minimum ages voting throughout every state union conceded statute citizens years age capable intelligent responsible exercise right vote single narrow question presented cases whether congress empowered conclude citizens years age substantially less able believe serious question whether statute granting franchise citizens denying ages event withstand present scrutiny equal protection clause regardless answer question however clear us proper regard special function congress making determinations legislative fact compels respect determinations unless contradicted evidence far stronger anything adduced cases uphold valid exercise congressional power fourteenth amendment parties cases agreed given power constitution determine qualifications voting state elections art lassiter northampton election board carrington rash settled exercise power like exercises state power subject equal protection clause fourteenth amendment carrington rash supra harper virginia board elections kramer union school district evans cornman although thought equal protection required given legislative classification made evenly applied see hayes missouri years consistently held classifications embodied state statute must also meet requirements equal protection gulf ellis see mclaughlin florida cases cited right vote long recognized fundamental political right preservative rights yick wo hopkins see reynolds sims williams rhodes unjustified discrimination determining may participate political affairs undermines legitimacy representative government kramer union school district consequently exclusions franchise challenged violating equal protection clause judicial scrutiny confined question whether exclusion may reasonably thought permissible interest state cf metropolitan cas ins brownell exacting standard obtains kramer union school district cases must determine whether exclusions necessary promote compelling state interest cipriano city houma present cases justify exclusion voting rolls solely basis interests promoting intelligent responsible exercise franchise reason question legitimacy importance interests standards intelligence responsibility however defined may permissibly applied means whereby prospective voter determines exercise choice actual choice otherwise standards easily serve mere epithets designed cloak exclusion class voters simply way might vote cf evans cornman state purpose course constitutionally impressible carrington rash must therefore examine particular care asserted connection age limitations admittedly laudable state purpose intelligent responsible voting lack starting point inquiry although question never squarely presented past indicated age factor necessarily irrelevant qualifications voting lassiter northampton election board kramer union school district recognition age circumstances capricious irrelevant factor harper virginia board elections insure validity particular limitation involved evans cornman every state union concluded citizens years age capable responsible intelligent voting accepting judgment remains question whether citizens years age may fairly said less able state practice areas casts doubt upon proposition provided special mechanisms dealing persons deemed insufficiently mature intelligent understand conform behavior criminal laws state concluded regard invariably dealt according precisely standards prescribed elders least evidence nearly unanimous legislative judgment part differences maturity intelligence persons years age trivial warrant specialized treatment former class critically important matter criminal responsibility similarly every state permits marry require parental consent persons one sexes state statutory practice areas follows along lines albeit consistently uniform state practice field education points way state union requires attendance school beyond age course many continue education beyond disenfranchised thereby reaches age whether state circumstances condition exercise franchise upon educational achievements beyond level reached today question state purports accordingly class may less educated elders justify restriction franchise determined incremental education irrelevant voting qualifications finally cited material whatsoever support proposition intelligence opposed educational attainment increases ages one final point remains state seeking uphold denial franchise adduced anything beyond mere difference age already indicated relevance difference contradicted nearly uniform state practice areas perhaps important uniform experience georgia since kentucky since permitted vote directed word testimony evidence indicate either voted less intelligently responsibly elders reasonable ground belief less able georgia kentucky hand every person spoke issue either house senate agreed least interested able responsible voting elders short faced admitted restriction upon franchise supported bare assertions long practice face strong indications credit factual propositions upon restriction asserted rest reason us decide whether proper case compelled hold restriction violation equal protection clause decisions long made clear question face today one judicial power equal protection clause question scope congressional power fourteenth amendment question turn often indicated questions constitutional power frequently turn last analysis questions fact particularly case assertion state power challenged equal protection clause fourteenth amendment although equal protection requires persons like circumstances conditions treated alike hayes missouri formulation merely raises answer question whether legislative classification resulted different treatment persons fact like circumstances conditions legislatures well courts bound provisions fourteenth amendment cooper aaron state legislative classification subjected judicial challenge violating equal protection clause comes courts cloaked presumption legislature acted within constitutional limitations kotch board river port pilots see kramer union school district accordingly statutory discrimination set aside denial equal protection laws state facts reasonably may conceived justify metropolitan cas ins brownell consistently held limitation judicial review state legislative classifications limitation stemming fourteenth amendment nature judicial review simply salutary principle judicial decision metropolitan cas ins brownell supra one restraints intended protect state irresponsible exercise unappealable power fay new york nature judicial process makes inappropriate forum determination complex factual questions kind often involved constitutional adjudication courts therefore overturn legislative determination factual question legislature finding clearly wrong may characterized arbitrary irrational unreasonable communist party control board carolene products metropolitan cas ins brownell limitations stemming nature judicial process however application congress section fourteenth amendment provides congress shall power enforce appropriate legislation provisions article congress pursuant power undertake investigation order determine whether factual basis necessary support state legislative discrimination actually exists need stop determines reasonable men believe factual basis exists section empowers congress make determination matter see katzenbach morgan hardly necessary add asserted factual basis necessary support given state discrimination exist fourteenth amendment vests congress power remove discrimination appropriate means fay new york ex parte virginia scope review matters established long line consistent decisions courts validity legislative findings reject communist party control board find legislators light facts testimony rational basis finding chosen regulatory scheme necessary investigation end katzenbach mcclung katzenbach morgan see galvan press scheme consistent prior decisions related areas core dispute constitutionality title iii amendments conflict state federal legislative determinations factual issues upon depends decision federal constitutional question legitimacy equal protection clause state discrimination persons ages cases repeatedly emphasized state federal claims come conflict primacy federal power requires federal finding fact control see england louisiana state board medical examiners townsend sain tarble case wall cf darby supremacy clause requires identical result conflict one legislative judicial findings finally answer say title iii intrudes upon domain reserved power set qualifications voting longer open question fourteenth amendment applies exercise state power kramer union school district supra cases cited said answer similar contention almost century ago constitution expressly gives authority congressional interference compulsion cases embraced within fourteenth amendment limited authority true extending single class cases within limits complete ex parte virginia brother harlan set detail historical evidence persuades framers fourteenth amendment believe equal protection clause either judicial action congressional enforcement amendment operate enfranchise negroes denied vote ante concluded fourteenth amendment never intended restrict authority allocate political power see fit therefore authorize congress set voter qualifications either state federal elections ante conclusion accepted seem require corollary although may fifteenth amendment discriminate negro voters free far federal constitution concerned discriminate negro unpopular candidates way desire surprisingly brother harlan thesis explicitly disavowed party present litigation presented us briefs amici curiae virginia perhaps mississippi accept thesis even supported historical evidence far stronger anything adduced today view brother harlan historical analysis flawed ascription meanings words legislators consequence analysis imposes artificial simplicity upon complex era presents universal beliefs held merely one several groups competing political power accept neither judicial conclusion historical premise original understanding fourteenth amendment left within power deny vote negro citizens clear language fourteenth amendment forbids state deny person within jurisdiction equal protection laws applies face assertions state power however made years ago faced first time question whether state deny negroes right vote primary elections writing unanimous justice holmes observed tartly find unnecessary consider fifteenth amendment seems us hard imagine direct obvious infringement fourteenth nixon herndon see nixon condon cardozo anderson martin cf raymond chicago union traction broad language equal protection clause read nevertheless allowing deny equal political rights citizens see fit exclude political process far involved merely shifting doctrinal basis cases nixon herndon fourteenth fifteenth amendment fifteenth amendment applies voting holding public office consequence brother harlan view appear leave free encourage citizens cast votes solely basis race practice found violate fourteenth amendment anderson martin supra even presumably deny negro citizens right run office believe equal protection clause permit discrimination event seems us historical record bear weight brother harlan placed upon examination historical background fourteenth amendment leads conclude clear beyond reasonable doubt part legislation review upheld legitimate exercise congressional power amendment ante amendment intended restrict authority allocate political power see fit ante reading historical background hand results somewhat imperfect picture era constitutional confusion confusion amendment little resolve leading constitutional historian civil war observed constitutional law characterized war years noticeable lack legal precision tendency toward irregularity legislation legal interpretation randall constitutional problems lincoln rev ed postwar period reconstruction substantially different several decades prior civil war constitutional interpretation pressing concern nation leading statesmen lawyers whose attention focused especially nature relationship federal government onset civil war served raise new problems upon original constitution offered best peripheral guidance greatest problem perhaps character civil conflict whether treated rebellion war belligerent state combination two another issue concerned scope federal power emancipate slaves even president lincoln doubted whether emancipation proclamation operative war ended special war powers expired particular issue resolved thirteenth amendment amendment raised new issues men doubted validity even constitutional change upon fundamental matter slavery particularly status eleven confederate remained unsettled see end war bring end difficult constitutional questions two perplexing problems remained one relation former confederate federal government relation former slaves white citizens nation intimately related politics day understanding essential since fourteenth amendment presented nation republican party solution problems see james framing fourteenth amendment hereafter james starting point must key fact republicans much nation minority party lincoln presidency year less popular vote republicans secured control congress southern democrats left washington following secession compromise original constitution slaves southern computed determining representation house representatives votes electoral college also matter critical importance slavery abolished southern hence democratic power house electoral college increase republicans calculated matter rather carefully chicago tribune demonstrated early summer increased southern delegation need readily obtainable democratic votes north order dominate house see james republicans intention permitting democratic resurgence occur view one republican senator observed republicans faithless trust allowed men thus proven faithless recover political power hitherto used destruction government cong globe sess hereafter globe remarks willey whether one looks upon sentiments grasp partisan political power idealistic determination gains civil war surrendered central fact remains republicans found essential bar least delay return southern delegations congress temporarily proposed refusing seat congressmen seceded usually justified refusal constitutional grounds presenting variety theories former confederate forfeited rights secession see generally mckitrick andrew johnson reconstruction exclusion southern representatives permanent solution better solution seemed elect least republican representatives south enfranchising class expected vote republican large numbers freedmen according census negroes constituted total population slave two mississippi south carolina negroes substantial majority population several population least negro thus negro suffrage probably result number negro presumably republican representatives south difficulty means bringing negro suffrage including chief justice chase looked back toward emancipation proclamation contended negro suffrage achieved least south means presidential proclamation see james fleming documentary history reconstruction others thought congressional legislation appropriate vehicle granting suffrage see james van alstyne fourteenth amendment right vote understanding congress review still others argued constitutional amendment see cincinnati daily commercial james reporting speech cong bingham disagreement means however minor obstacle path equal suffrage racial prejudice north far significant one five new england new york permitted negroes vote see van alstyne supra extension suffrage rejected voters popular referenda held subject moreover republicans suffered severe election account support negro suffrage see gillette right vote meeting winter spring facing elections fall year republicans congress thus faced difficult dilemma desperately needed negro suffrage order prevent total democratic resurgence south yet feared pressing suffrage might create reaction among northern white voters lead massive democratic electoral gains north task thus frame policy prevent total southern democratic resurgence simultaneously serve platform upon republicans go northern constituents fall ultimately emerged policy political platform republican party fourteenth amendment finally adopted relevant portions fourteenth amendment read follows sec state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws sec representatives shall apportioned among several according respective numbers right vote election denied male inhabitants state years age citizens way abridged except participation rebellion crime basis representation therein shall reduced proportion number male citizens shall bear whole number male citizens years age state sec congress shall power enforce appropriate legislation provisions article sec congress shall power make laws necessary proper secure citizens every state political rights privileges persons every state equal protection enjoyment life liberty property kendrick journal joint committee fifteen reconstruction hereafter kendrick sec representatives direct taxes shall apportioned among several may included within union according respective numbers persons deducting therefrom race color whose members denied civil political rights privileges became evident early date joint committee wish make congressional power suffrage explicit language original version future six days section proposed subcommittee full committee refused adopt amendment offered senator howard make section refer expressly political elective rights privileges emphasis added refused well substitute language congress shall power make laws necessary proper secure citizens state political rights privileges persons every state equal protection enjoyment life liberty property congress shall power abolish distinction exercise elective franchise state law regulation usage may exist therein congress shall power make laws shall necessary proper secure persons every state full protection enjoyment life liberty property citizens state immunities also equal political rights privileges congress shall power make laws shall necessary proper secure citizens state privileges immunities citizens several art sec persons several equal protection rights life liberty property amendment record committee debates preserved thus one guess whether bingham substitute intended change meaning original proposal breakdown committee vote suggests however change meaning intended substitute supported men political views ranging senator howard congressman boutwell radicals earlier sought make section coverage suffrage explicit congressman rogers democrat similarly among six voting substitute radical stevens moderate fessenden democrat grider thus one might continue argue bingham meant substitute away congressional power legislate preservation equal rights suffrage one least equal plausibility contend bingham sought substitute earlier specific language general language already appeared elsewhere constitution bingham proposed amendment constitution modified next submitted house representatives republicans joined democrats attacking republican representative hale new york example thought amendment effect provision state legislation codes civil criminal jurisprudence procedure affecting individual citizen may overridden globe representative davis also new york republican thought give congress power establish perfect political equality colored white race south meanwhile new york times edited conservative republican congressman henry raymond wondered proposed amendment simply preliminary enactment negro suffrage even amendment supporters recognized confer extensive power upon federal government representative kelley pennsylvania radical supported amendment concluded lengthy discussion right suffrage proposed amendment intended secure globe proponents however secure necessary support amendment house thus compelled postpone matter later date failed bring floor kendrick meanwhile joint committee returned work begun consider direct antecedent fourteenth amendment proposal robert dale owen representative stevens placed committee relevant provisions follows section discrimination shall made state civil rights persons race color previous condition servitude sec fourth day july year one thousand eight hundred discrimination shall made state enjoyment classes persons right suffrage race color previous condition servitude sec fourth day july one thousand eight hundred class persons right suffrage discrimination shall made state race color previous condition servitude shall included basis representation sec congress shall power enforce appropriate legislation provisions article sec state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws meeting proposed fourteenth amendment substantially rewritten first committee vote deleted barred making racial discriminations enjoyment right suffrage conformed insure remain effect making numerous changes committee concluded deliberations replacing owen ban discrimination civil rights bingham familiar language vote majority containing full spectrum political views reasons rewriting entirely clear known explanation given owen wrote article recalling contemporary conversation stevens stevens reportedly explained committee original decisions got noised abroad result several state delegations held caucuses decided explicit references negro suffrage shape excluded platform quoted thus provision suffrage eliminated stevens explain bingham version substituted owen version perhaps changes amendment thought committee mere linguistic improvements substantially modify owen meaning extend coverage political distinguished civil rights least committee must realized substituting owen rather specific language bingham far elastic language language one scholar noted far capable growth receptive latitudinarian construction bickel original understanding segregation decision harv rev moreover least equally plausible committee meant substitute owen narrow provision dealing solely civil rights broader provision originated understood two months earlier protecting equality right suffrage well equality civil rights purpose relation suffrage emerges debates floor congress equal obscurity search meaning one must begin course statements leading men congress bingham howard bingham one stated without apparent equivocation amendment give power congress regulating suffrage several globe similarly senator howard noting amendment accord negroes protection fundamental rights law gave whites explicitly cautioned first section proposed amendment give either classes right voting globe statements unambiguous initially appear thus howard lack legal precision typical period stated right suffrage one privileges immunities protected constitution globe immediately read record excerpt case corfield coryell cas cced excerpt listed elective franchise among privileges immunities globe bingham equally ambiguous thought elective franchise constitutionally protected privilege immunity globe indeed one point debates bingham made us completely incongruous statement sure agree great body people country agree committee thus far reporting measures reconstruction agree exercise elective franchise though one privileges citizen republic exclusively control globe bingham words make little sense modern ears yet uttered words must made sense least bingham probably many listeners search meaning probably begin art iv privileges immunities clause original constitution minds members congress leading case construe clause corfield coryell supra listed among citizen privileges immunities elective franchise regulated established laws constitution state exercised apparent ambiguity later occurred bingham thought franchise federally protected right extent regulated established state law ambiguity however apparent real privileges immunities clause original constitution served peculiar function create absolute rights placed noncitizen state upon perfect equality citizens fundamental rights already created state law scott sandford accord dissenting opinion privileges immunities clause sort equal protection clause adopted benefit citizens required example state gave citizens right enter lawful business arbitrarily deny right citizens solely came state see ward maryland wall thus bingham may meant indicating franchise included within scope privileges immunities clause fourteenth amendment remaining entirely control although free general confer franchise upon whomever chose congress power bar racial arbitrary discriminations making choices short privileges immunities clause might bingham meant equal protection clause later explained campaign speech nothing simple strong plain declaration equal laws equal exact justice shall hereafter secured within every state union cincinnati daily commercial quoted james one way reconcile seemingly incongruous statements bingham read understanding fourteenth amendment take grant congress plenary power regulate suffrage give congress power invalidate discriminatory state legislation words amendment took state right hitherto pertained several union impose limitation upon correct abuses power ibid others similar understanding thus charles summer equality political rights involve necessarily sometimes called regulation suffrage national government although best simply require abolition discrimination among citizens inconsistent equal rights summer nation stevens explained presenting amendment house merely allowed congress correct unjust legislation far law operates upon one man shall operate equally upon globe emphasis original clearest perhaps thomas cooley edition constitutional limitations wrote amendment constitution concentrate power general government purpose police government within object preclude legislation state shall abridge privileges immunities citizens deprive person life liberty property without due process law deny person within jurisdiction equal protection laws congress empowered pass laws necessary render unconstitutional state legislation ineffectual cooley constitutional limitations ed provided nothing contained article shall construed authorize congress regulate control elective franchise within state abridge restrict power state regulate control within jurisdiction except third section hereof prescribed globe course statements taken congressional debates campaign speeches press made clarity precision know certainty framers intended fourteenth amendment function think clarity precision expected age men confronting new problems old concepts provide ready solutions seen age men formulated fourteenth amendment facing especially perplexing problem creating federal mechanisms insure fairness state action without process destroying reserved powers indeed surprising men first faced difficult problem possessed foresight debate solution complete clarity consistency uniformity views short every reason believe different men reconciled different often imprecise ways fourteenth amendment broad guarantee equal rights statements framers give congress power legislate upon suffrage men example might reconciled broad guarantee narrow language concluding negroes yet ready exercise franchise hence state act arbitrarily denying granting whites debates make clear proponents amendment understand equal protection clause forbid distinguish among persons justification distinctions appeared see globe congressman stevens time fourteenth amendment adopted overwhelming majority negro residents former slaves living southern illiterate uneducated except kidnaped slave traders reaching adulthood prior experience responsibilities citizenship given state affairs hardly surprising framers fourteenth amendment felt equal protection clause forbid classifying negroes group denied right vote equal protection never thought require identical treatment persons respects metropolitan cas ins brownell cases cited requires state provide adequate justification treating one group differently another levy louisiana entirely aside concepts racial inequality may held members congress time seems clear many members serious reservations ability majority negroes centuries slavery cast intelligent responsible vote see example debates proposal enfranchise negroes district columbia cong globe course hold even situation existing justify wholesale exclusion negroes franchise decisions consistently held particular group may denied right vote merely many even members properly excluded carrington rash kramer union school district evans cornman cf tussman tenbroek equal protection laws rev mere administrative convenience thought sufficient justification overly broad legislative classification long least resultant discrimination justified majority class affected terrace thompson cf kotch board river port pilots rejection approach result judicial development hardly known framers amendment cf baxstrom herold course many americans rejected imputations negroes unready franchise thus concluded distinctions races regard franchise constitute denials equal protection congressman stevens one doubt allow state deny franchise negroes allow discriminate among class globe negroes course indignantly rejected imputations arguing illiterate suppose even instincts proved better educated class whose little learning prompted attempt impossible thing destroying great republic letter editor new york times among men refused regard negroes ill prepared exercise franchise may understand subtle distinctions constitutional lawyers bingham thus accepted face value assurances fourteenth amendment gave congress power suffrage result least three identifiable groups may existed within republican majorities enacted ratified amendment thought congress power insure negroes right suffrage gave whites thought congress power since negroes whites constituted distinct dissimilar classes voting purposes thought congress possess power suffrage perhaps three groups exist congress nation large surely evidence clear beyond reasonable doubt existent group last one consisting men despite broad language hints speakers applicability suffrage simply assumed without developing analytical framework support assumption section applied evidence sum plausibly suggests men framed fourteenth amendment possessed differing views limits applicability papered differences differences always fully apparent foresee precision amendment operate future moreover political considerations militated clarification issues favor compromise much north already noted opposed negro suffrage many republicans congress seek constituencies racial prejudice remained rampant republicans forthcoming elections thus found convenient speak differently different constituencies republican state chairman ohio wrote northern counties state speakers openly advocated impartial suffrage places thought necessary repudiate oppose letter cowan chase quoted james similarly senator wilson massachusetts accused shortly elections misrepresenting issues campaign delaware saying nothing negro suffrage replied since state much progress made acted somewhat scriptural principle giving milk babes cong globe apparently congressman ashley ohio acted upon similar principles asked house initially approved amendment whether congress power confer right suffrage upon negroes responded well sir intend put record right congress prepared argue point colleague say time comes american congress take action question ready speak say whether vote proposition globe surprisingly product political needs amendment contemporaries saw vague imprecise democratic senator hendricks example protested heard senator accurately define rights immunities citizenship globe congressman boyer another democrat found first section objectionable also phraseology open ambiguity admitting conflicting constructions globe republicans aware amendment vagueness thus presented amendment senate senator howard noted curious question solve privileges immunities citizens proposed consider question length since somewhat barren discussion instead like war modestly declined go definition leaving questions arising clause discussed adjudicated happen practically arise globe thus historical evidence point single conclusion contemporaries viewed first section fourteenth amendment explicit abandonment radical goal equal suffrage negroes rather evidence suggests alternative hypothesis amendment framed men possessed differing views great question suffrage partly order formulate program government partly political expediency papered differences broad elastic language left future interpreters amendment task resolving accordance future vision future needs issues left unresolved hypothesis strikes us far consistent turbulent character times one resting upon belief broad language equal protection clause contained hidden limitation upon operation prevent applying state action regulating rights characterized political hypothesis inconsistent subsequent enactment fifteenth nineteenth amendments submitted fifteenth amendment ratification well desired prohibition racial discrimination voting stand upon firmer foundation mere legislative action capable repeal vagaries judicial decision merely concluded whatever might case rights right vote important allow disenfranchisement person better reason others race might qualified least supporters nineteenth amendment believed sex discrimination voting proscribed fourteenth amendment guarantee equal protection cong rec finally amendment proposed held breedlove suttles state laws requiring payment poll tax voting ipso facto violate equal protection clause accordingly see reason mere enactment amendments thought imply proponents believed fourteenth amendment apply state allocations political power dubious best amendments may read implying proponents felt particular state allocations power proper exercise power equal protection clause find persuasive brother harlan argument fourteenth amendment intended exclusive remedy state restrictions franchise therefore restrictions permissible congressman bingham emphatically told house argument made congressman bromwell construction opinion law imposes penalty centuries ever country common law obtains construction insisted upon gentleman amounts law inflicts penalty works forfeiture act implication authorizes act done penalty inflicted construction proviso penalty says terms shall disobey constitution penalty state shall lose political power house place upon law punishing crime murder death thereby implication say anybody may right commit murder pass penal law prohibit murder constitution guaranty life constitution prohibit abuse power majority constitution express terms guaranty equal right free male citizens full age elect representatives proviso inflict penalty upon state denies abridges right account race color told confer power override express guarantees constitution propose penalty aid guarantee avoidance globe may conceivable intended sole remedy available state deprived citizens right vote least equally plausible congressional legislation pursuant thought framers amendment another potential remedy section scheme hardly superfluous critical importance assuring southern deny franchise negroes congress called upon remedy discrimination controlled beneficiaries discrimination course expected provide least limited remedy event congress courts took action neither logic historical evidence compellingly suggests intended remedy supplementary conceivable circumstances indispensable congressional judicial remedies available see generally van alstyne supra historical record left framers fourteenth amendment product differing conflicting political pressures conceptions federalism thus vague imprecise provide us sure guidance deciding pending cases must therefore conclude framers understood amendment broadly worded injunction capable interpreted future generations accordance vision needs generations remiss duty attempt find certainty amidst uncertainty misread historical record cease interpret amendment always interpreted remains question whether congress rationally concluded denial franchise citizens ages unnecessary promote legitimate interests assuring intelligent responsible voting need set legislative history title iii great length proposals lower voting age congress several times since senate subcommittee constitutional amendments conducted extensive hearings matter question discussed length floor house senate congress aware course facts state practices already discussed aware opinion many historians choice age age maturity outgrowth medieval requirements time military training development physique adequate bear heavy armor knew whereas six percent completed high school percent done today congress aware today make insubstantial proportion adult work force entitled draw upon experience supervising federal establishment determine competence responsibility perform assigned tasks congress recognized judgment capable voting consistent practice entrusting heavy responsibilities military service see amendments finally congress presented evidence age social biological maturity modern society consistently decreasing margaret mead anthropologist testified past century age physical maturity dropping dropped years many senators representatives including several involved national campaigns testified personal experience today appeared least mature intelligent congressmen youth finally perhaps important congress information experience two georgia kentucky allowed vote since respectively every elected representative spoke issue agreed senator talmadge stated young people made sophisticated decisions assumed mature responsibilities voting performance exceeded greatest hopes expectations sum congress ample evidence upon based conclusion exclusion citizens years age franchise wholly unnecessary promote legitimate interest may assuring intelligent responsible voting see katzenbach morgan discrimination unnecessary promote legitimate state interest plainly unconstitutional equal protection clause congress ample power forbid fourteenth amendment uphold amendments legitimate exercise congressional power section amendments embodies congressional finding imposition application durational residency requirement precondition voting offices president vice president lack sufficient opportunities absentee registration absentee balloting presidential elections denies abridges inherent constitutional right citizens enjoy free movement across state lines bear reasonable relationship compelling state interest conduct presidential elections section amendments provides congress finds declares imposition application requirement citizen years age precondition voting primary election denies abridges inherent constitutional rights citizens eighteen years age yet years age vote particularly unfair treatment citizens view national defense responsibilities imposed upon citizens effect denying citizens eighteen years age yet years age due process equal protection laws guaranteed fourteenth amendment constitution bear reasonable relationship compelling state interest arizona constitution art limits franchise years age older rev stat ann supp requires voters able read federal constitution english write names idaho constitution art requires voters years age older requires days residence within state precondition voting presidential elections idaho code requires residents citizens another state prior removal idaho provisions absentee balloting contained section act supp defines test device 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 gaston county suit county act supp reinstate county literacy test county entitled upon demonstration preceding five years test device used purpose effect abridging right vote account race color reserved question application act suspend literacy tests face racially disparate educational literacy achievements government bore responsibility emphasis supplied hearings amendments voting rights act subcommittee constitutional rights senate committee judiciary hereafter senate hearings schooling indians time responsibility federal government see warren trading post arizona tax commission senate hearings hearings voting rights act extension subcommittee house committee judiciary ser pp hereafter house hearings example census data indicate blacks moved southern arizona california new york table census population pts senate hearings see senate hearings tribal chairman nakai viewed arizona literacy test primary cause disparity permitted desire adopt practices less restrictive prescribed amendments see supra see opinion justice douglas ante see shapiro thompson guest senate hearings cong rec ibid idaho code appear allow application made time allows application five days election persons service ballot may returned time prior noon election day supp finally effective january applications may made day election supp circumstances argument administrative impossibility viewpoint idaho seems almost chimerical idaho addition claims interest setting qualifications voters elections serves without compelling state interest sufficient justify challenged exclusion state interest mere exercise power power must exercised reason reason asserted idaho exercise power already mentioned promotion intelligent responsible voting cong rec library congress legislative reference service survey ibid california statute cal welf code necessarily evidence contrary conclusion california permits juvenile waive jurisdiction persons age regular criminal courts state practice appears felony defendants age ever tried juveniles boches goldfarb california juvenile practice may well indicate california statute reflects merely legislative conclusion slight burden waiver hearings outweighed possibility however slight individuals ages might fact appropriately treated juveniles cong rec example california woman years old may marry without parental consent man age may marry consent one parent cal civ code married person attained age treated precisely way persons age regard provisions civil code probate code code civil procedure well purposes making contracts entering agreement regarding property estate cal civ code supp state labor department treats males age adults cal labor code persons age may serve civil process state cal civ proc code supp course attempt condition exercise franchise upon ability pass literacy test presumably illiterates literate light fact percent disenfranchised class high school graduates seem number illiterates literate three years later vanishingly small see hearings res others subcommittee constitutional amendments senate committee judiciary goldwater course reasons apply well others today upheld nationwide suspension literacy tests ante event may illiterate hardly sufficient reason disenfranchising entire class see kramer union school district class better educated elders median number school years completed two years ago persons bureau census educational attainment table current population reports series hawaii alaska since admission union allowed vote alaska hawaii see cong rec cook sens talmadge ervin senate hearings gov maddox state facts necessary justify legislative discrimination course vary nature discrimination involved faced statutes involving nothing state regulation business practices often found mere administrative convenience sufficient justify discrimination williamson lee optical discrimination effect denying inhibiting exercise fundamental constitutional rights required merely convenient necessary kramer union school district carrington rash see jackson required well necessary promote merely constitutionally permissible state interest state interest substantial importance kramer union school district supra carrington rash supra shelton tucker see supra emphasized katzenbach morgan supra grant congress power enact statutes effect dilute equal protection due process decisions indicated decision striking state statute expresses among things conclusion legislative findings upon statute based far wrong unreasonable unless congress unearth new evidence investigation identical findings identical issue reasonable state legislature brief state oregon brief state texas brief state arizona brief state idaho brief amicus curiae commonwealth virginia see brief amicus curiae state mississippi indeed since first amendment applicable fourteenth brother harlan view appear allow state exclude unpopular group political process solely upon basis political opinions republicans explicitly looked upon fourteenth amendment political platform see fessenden life public services william pitt fessenden kendrick journal joint committee fifteen reconstruction see also infra language appears earlier art iv statements bingham howard text indicate framers amendment always clear whether understood merely grant power congress whether thought addition confer power upon courts courts use achieve equality rights since clear grant power congress consistently held amendment grants power courts issue academic interest according paul virginia wall privileges immunities clause art secured citizens equal protection laws senator stewart statement regarding requirement appears refer fourteenth amendment requires majority legislation granting amnesty former confederate leaders taken approach conner elliott ironically distinction political rights drawn plessy ferguson concluded directly contrary brother harlan position fourteenth amendment applied political rights rights thaddeus stevens pointed urging passage fourteenth amendment despite fact felt guarantees enforced mere legislative enactment law repealable majority globe radical disenchantment decisions led prior fifteenth amendment act march stat withdrawing appellate jurisdiction certain habeas corpus cases see ex parte mccardle wall breedlove overruled harper virginia board elections full collection relevant materials see note legislative history title iii voting rights act harv legis see cong rec hearings res subcommittee constitutional amendments senate committee judiciary sess hearings res others subcommittee constitutional amendments senate committee judiciary sess hereafter hearings supra see cong rec james age majority legal hist report committee age majority presented english parliament cong rec department labor bureau labor statistics employment earnings table june see also senate hearings kennedy cong rec mansfield cook see generally note supra hearings walter menninger psychiatrist hayakawa agreed cong rec mansfield cook goldwater talmadge joined ervin tydings cong rec justice stewart chief justice justice blackmun join concurring part dissenting part cases deal constitutional validity three provisions voting rights act amendments congress undertook provisions abolish period literacy tests similar voting eligibility requirements imposed state union remove restrictions imposed state durational residency requirements upon voters presidential elections reduce voting age minimum years voters elections throughout nation today upholds nationwide literacy test ban elimination state durational residency restrictions presidential elections section extension franchise voters virtue opinion justice black announcing judgments upheld applied federal elections agree sustaining congressional ban state literacy tests substantially reasons relied upon justice black also agree action congress removing restrictions state residency requirements presidential elections constitutionally valid base judgment upon grounds quite different relied upon justice black finally disagree conclusion congress constitutionally reduce voting age federal elections since convinced congress wholly without constitutional power alter purpose elections voting age qualifications determined several turning discussion views seems appropriate state called upon cases evaluate appraise wisdom abolishing literacy tests altering state residency requirements reducing voting age whatever may think citizens single duty judges determine whether legislation us within constitutional power congress enact find necessary state elementary proposition certain separate opinions filed today contain many pages devoted demonstration beneficent goals legislation particularly extension electoral franchise young men women casual reader easily get impression asked cases whether think allowing people years old vote good idea nothing wider mark brothers contrary question judgment congress questions congress constitutional power concur part ii justice black opinion holds literacy test ban amendments constitutional enforcement clause fifteenth amendment decisions establish fifteenth amendment nullifies sophisticated well modes discrimination hits onerous procedural requirements effectively handicap exercise franchise colored race although abstract right vote may remain unrestricted race lane wilson cf gomillion lightfoot literacy illiteracy seemingly neutral respect race creed color sex upheld literacy requirement claim invalid face fifteenth amendment lassiter northampton election board gaston county made clear congress ample authority fifteenth amendment determine literacy requirements work unfairly negroes practice handicap negroes deprived educational opportunities available white citizens construed voting rights act light report senate judiciary committee said educational differences whites negroes areas covered prohibitions differences reflected record committee mean equal application tests abridge amendment rights pt see also south carolina katzenbach congress undertaken extend ban literacy tests whole nation see constitutional impediment nationwide application reduces danger federal intervention perceived unreasonable discrimination particular particular regions country turn increases likelihood voluntary compliance letter spirit federal law nationwide application facilitates free movement citizens one state another since eliminates prospect change residence mean loss federally protected right nationwide application avoids often difficult task drawing line problem pressing enough warrant federal intervention line may well appear discriminatory think wrong side moreover application line particular entail substantial burden administrative judicial machinery diversion enforcement resources finally nationwide application may reasonably thought appropriate congress acts evil racial discrimination varying degrees manifests every part country remedy racial discrimination applies underlines awareness problem national one reflects national commitment solution justification extending ban literacy tests entire nation need turn whether literacy tests unfairly discriminate negroes every state union congress required make findings concerning either equality educational opportunity actual impact literacy requirements negro citizen access ballot box interests uniformity congress may paint much broader brush may must confine judicial function deciding individual cases controversies upon individual records cf lassiter northampton election board supra findings congress made enacted voting rights act supported nationwide ban literacy tests instead time congress chose limit attention geographic areas immediate action seemed necessary south carolina katzenbach experience gained act led congress conclude go whole distance approach problem rational one consequently within constitutional power congress fifteenth amendment ii section added voting rights act amendments comprehensive provision aimed insuring citizen deprived opportunity vote offices president vice president change residence take new residence days presidential election guaranteed right register vote state moved notwithstanding durational residency requirement imposed state law provided course otherwise qualified vote take new residence less days presidential election guaranteed right vote either person absentee ballot state moved provided satisfied date change residence requirements vote state congress view power constitution eradicate political civil disabilities arise operation state law following change residence one state another freedom travel state state freedom enter abide state union privilege citizenship shapiro thompson guest truax raich twining new jersey crandall nevada wall section fourteenth amendment provides persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens discussing privileges citizens within meaning justice miller wrote cases one privileges conferred article consideration citizen volition become citizen state union bona fide residence therein rights citizens state wall light considerations presents difficulty congress rationally conclude imposition durational residency requirements unreasonably burdens sanctions privilege taking residence another state objective clearly legitimate one federal action required privilege change residence undercut parochial local sanctions state undertake guarantee privilege citizens single state take steps resolve laws unreasonably discriminate newly arrived resident even resolve might remain firm face discriminations perceived unfair citizens moved thus problem wholly solved single state even several since every state new residence every state prior residence necessary role play absence unanimous interstate compact problem solved congress quite clearly congress acted protect constitutional privilege finds protection federal government national character cases even though general constitutional power clearly exists congress may overstep letter spirit constitutional restriction exercise power example congress clearly power regulate interstate commerce may exercise power impinge upon guarantees bill rights concluded applies presidential elections nothing constitution prevents congress protecting moved one state another disenfranchisement federal election whether congressional presidential constitution withholds congress general authority change legislation qualifications voters federal elections meaning applicable constitutional provisions perfectly plain article seventeenth amendment prescribe qualifications voters elections choose senators representatives shall qualifications requisite electors numerous branch state legislature constitution thus adopts federal standard standard state chosen ex parte yarbrough wiley sinkler accordingly state law purported establish distinct qualifications congressional elections invalid repugnant art seventeenth amendment token gainsaid federal legislation objective alter qualifications vote congressional elections invalid reasons constitution fixed may changed except constitutional amendment contrary submission brother black art create federal legislature power alter constitutionally established qualifications vote congressional elections section provides legislatures state shall prescribe times places manner holding elections senators representatives reserves congress power make alter regulations except places causing senators manner holding elections hardly read mean qualifications voters remembered art explicitly speaks qualifications voters elections choose representatives plain short framers meant qualifications said qualifications word appear art moreover give congress power anything state might done pointed state may establish distinct qualifications congressional elections course free pass laws necessary assure fair elections congressional power equally broad respect congressional elections classic free prescribe qualifications voters federal elections differ prescribed numerous branch state legislature power congress therefore found art view confirmed extrinsic evidence intent framers constitution early draft constitution provided fix qualifications voters congressional elections subject proviso qualifications might time altered superseded legislature records committee detail show decided strike provision granting congress authority set voting qualifications add stead clause making qualifications time time electors several numerous branch legislatures proposed draft reported committee detail convention included following qualifications electors shall time time electors several numerous branch legislatures art iv times places manner holding elections members house shall prescribed legislature state provisions concerning may time altered legislature art vi right suffrage certainly one fundamental articles republican government left regulated legislature thus alexander hamilton accurately reported intent convention wrote federalist authority national government expressly restricted regulation times places manner elections qualifications persons may choose chosen remarked upon occasions defined fixed constitution unalterable legislature congress emphasis original different provisions constitution govern selection president vice president article ii twelfth amendment provide election electors article ii specifies state shall appoint electors manner legislature thereof may direct constitution require popular election members electoral college specify qualifications voters must selection electors popular election left exercise power direct manner choosing presidential electors williams rhodes electors chosen popular election federal government power assure elections orderly free corruption burroughs burroughs noted act review neither purpose effect interfere power state appoint electors manner appointment shall made quoted approval following passage ex parte yarbrough importance general government actual election voting members free force fraud diminished circumstance qualification voter determined law state votes classic careful point right qualified voters within state cast ballots counted privilege citizenship amenable congressional protection emphasis added see also corfield coryell cas cced issue whether despite intentional withholding federal government general authority establish qualifications vote either congressional presidential elections exists congressional power congress acts objective protecting citizen privilege move residence one state another although matter entirely free doubt persuaded constitutional provisions discussed sufficient prevent congress protecting person exercises constitutional right enter abide state union losing opportunity vote congress may protect right interstate travel less fundamental disabilities power regard franchise subject power federal government vindicate unconditional personal rights secured citizen federal constitution williams rhodes supra cf shapiro thompson supra power congress exercised enacting general power prescribe qualifications voters either federal state elections confined federal action particular problem clearly within purview congressional authority finally power facilitate citizen exercise constitutional privilege change residence one left exercise individual without seriously diminishing level protection available sought show federal action required privilege effectively maintained strive avoid interpretation constitution withhold congress power legislate protection constitutional rights unable effectively secure reasons conclude within power congress enact iii section added voting rights act amendments undertakes enfranchise federal state local elections citizens years age older denied right vote state law reached age although found necessary amend constitution order confer federal right vote upon negroes upon females government asserts federal right vote conferred upon people years age simply act congress decision katzenbach morgan said established power congress fourteenth amendment nullify state laws requiring voters years age older congress rationally concluded laws supported compelling state interest view neither morgan case case upon government relies establishes congressional power even assuming cases rightly decided justice black surely correct writes plain fact history framers never imagined national congress set qualifications voters every election president local constable village alderman obvious whole constitution reserves power set voter qualifications state local elections except limited extent people constitutional amendments specifically narrowed powers ante reasons set part ii opinion equally plain constitution completely withholds congress power alter legislation qualifications voters federal elections view explicit provisions article article ii seventeenth amendment sure recent decisions established state action regulating suffrage immune impact equal protection clause careful decisions note undoubted power state establish qualification voting based age see kramer union school district lassiter northampton election board indeed none opinions filed today suggest anything constitutionally unimpeachable interest establishing age qualification yet test power establish age qualification compelling interest standard really deny state choice state demonstrate compelling interest drawing line respect age one point rather another obviously power establish age qualification must carry power choose reasonable voting age vast majority done katzenbach morgan supra hold congress power determine compelling state interests equal protection purposes morgan considered power congress enact statute whose principal effect enfranchise puerto ricans moved new york receiving education puerto rican schools denied right vote new york unable read write english upheld statute two grounds congress conclude enhancing political power puerto rican community conferring right vote appropriate means remedying discriminatory treatment public services congress conclude new york statute tainted impermissible purpose denying right vote puerto ricans undoubted invidious discrimination equal protection clause decisional grounds farreaching opinion made clear congress impose remedy denial equal protection elaborated upon direct command constitution override state laws ground fact used instruments invidious discrimination even though individual lawsuit might reached factual conclusion cf swain alabama necessary go much sustain state laws invalidates invidiously discriminate discrete insular minority unlike statute considered morgan valid congress power provide means eradicating situations amount violation equal protection clause also determine matter substantive constitutional law situations fall within ambit clause state interests compelling concurred justice harlan dissent morgan case read gave congressional power furthest possible legitimate reach yet sustain constitutionality require enormous extension decision rationale conclude beyond constitutional power congress enact farrand records federal convention whether particular state durational residency requirement voters may violate equal protection clause fourteenth amendment presents questions quite different attending constitutionality see howe brown supp nd ohio cocanower marston supp burg canniffe supp mass blumstein ellington supp md hadnott amos supp md bufford holton supp ed lester board elections supp dc amdt xv amdt xix see also minor happersett wall carrington rash louisiana harper virginia board elections katzenbach morgan kramer union school district cipriano city houma evans cornman phoenix kolodziejski see cases cited supra government correct submission particular age requirement must meet compelling interest standard course substantial question exist whether voter qualification constitutional even absence congressional action brothers point ante yet inconceivable ever hold denial vote ages constitutes invidious discrimination denial equal protection laws establishment age qualification state action aimed discrete insular minority cf carolene products moreover long state set voting age higher reasonableness choice confirmed fourteenth amendment upon government relies section amendment provides sanctions right vote denied male inhabitants state years age citizens emphasis added