raines argued january decided february authority amended civil rights act attorney general brought civil action behalf federal district enjoin certain public officials state georgia discriminating negro citizens desired register vote elections georgia district dismissed complaint ground subsection authorizes attorney general bring action unconstitutional although complaint involved official actions construed subsection authorizing suits enjoin purely private actions held went beyond permissible scope fifteenth amendment act must considered unconstitutional applications direct appeal held judgment reversed pp case properly direct appeal since basis decision act congress unconstitutional matter contentions parties might proper basis district erred dismissing complaint theory act exceed permissible limits fifteenth amendment applied purely private actions private persons since question properly record case pp one application statute constitutional heard attack ground might also taken applying persons situations application might unconstitutional delicate power pronouncing act congress unconstitutional exercised reference hypothetical cases case countervailing considerations sufficient warrant district action considering constitutionality act applications presented facts pp extent reese depended approach inconsistent considers better one one established weightiest subsequent cases followed insofar authorizes attorney general bring action enjoin racial discrimination public officials performance official duties pertaining elections act clearly constitutional pp whatever precisely may reach fifteenth amendment conduct charged discrimination state officials within course official duties voting rights citizens grounds race color certainly subject ban amendment legislation designed deal discrimination appropriate legislation said appellees action state action merely aggrieved parties exhausted administrative remedies state law since congress power provide correction constitutional violations every state official high low without regard presence authority state might possibly revise actions insofar barney city new york points different conclusion authority restricted later decisions might regarded worn away erosion time contrary authority pp beyond power congress authorize bring action vindicate public interest due observance private constitutional rights attorney general rogers argued cause brief solicitor general rankin assistant attorney general white john davis harold greene david norman charles bloch argued cause appellees brief ellsworth hall justice brennan delivered opinion brought action district middle district georgia members board registrars certain deputy registrars terrell county georgia complaint charged defendants various devices administration offices discriminated racial grounds negroes desired register vote elections conducted state complaint sought injunction continuation discriminatory practices relief action founded upon amended civil rights act stat subsections directly involved provide citizens otherwise qualified law vote election people state territory district county city parish township school district municipality territorial subdivision shall entitled allowed vote elections without distinction race color previous condition servitude constitution law custom usage regulation state territory authority contrary notwithstanding whenever person engaged reasonable grounds believe person engage act practice deprive person right privilege secured subsection attorney general may institute name civil action proper proceeding preventive relief including application permanent temporary injunction restraining order order foundation power federal courts declare acts congress unconstitutional lies power duty courts decide cases controversies properly made patent first case exercising power gravest delicate duty called perform marbury madison cranch case federal courts jurisdiction pronounce statute either state void irreconcilable constitution except called upon adjudge legal rights litigants actual controversies exercise jurisdiction bound two rules rigidly adhered one never anticipate question constitutional law advance necessity deciding never formulate rule constitutional law broader required precise facts applied liverpool new york philadelphia commissioners emigration kindred rules rule one application statute constitutional heard attack statute ground impliedly might also taken applying persons situations application might unconstitutional wurzbach heald district columbia yazoo mississippi valley jackson vinegar collins texas new york ex rel hatch reardon cf voeller neilston warehouse carmichael southern coal coke virginian system federation blackmer roberts schaefer emmerson jeffrey mfg blagg tyler judges registration ashwander tva concurring opinion barrows jackson developed various reasons rule significant incontrovertible proposition indeed undesirable consider every conceivable situation might possibly arise application complex comprehensive legislation delicate power pronouncing act congress unconstitutional exercised reference hypothetical cases thus imagined pointed fact limiting construction given statute responsible construction application doubtful constitutionality fact concretely presented might add application rule frees unnecessary pronouncement constitutional issues also premature interpretations statutes areas constitutional application might cloudy district relied appellees urge certain cases said inconsistent rule closely related corollary litigant may assert constitutional rights immunities many applications principles ordained constitution constitute rather rule practice barrows jackson supra albeit weighty ones hence exceptions weighty countervailing policies recognized example result litigation question constitutional rights one party impaired effective way preserve may consider rights alabama barrows jackson supra indicated application rules inhibitory effect freedom speech may applied see smith california thornhill alabama perhaps cases put application criminal statute necessitate revision text create situation statute longer gave intelligible warning conduct prohibited see reese cf winters new york rules rationale may disappear statute question already declared unconstitutional vast majority intended applications fairly said intended stand valid basis fortuitous circumstances fraction cases originally designed cover see butts merchants miners transportation situation presented state statute comes conclusively pronounced state otherwise valid provision application inextricably tied invalid one see dorchy kansas possibly rarest cases justifiably think able confidently discern congress desired legislation stand unless validly stand every application cf cases employers liability cases see none countervailing considerations suggested examples countervailing consideration warranting district action considering constitutionality act applications case rather typical one application rules discussed sure cases applied perfect consistency rules avoiding unnecessary constitutional determinations mean say every case cited various exceptions application considered turn exception stated perfectly justified district relied primarily reese supra indicated decision may drawn support assumption passed statute validity toto left standing criminal statute incapable giving fair warning prohibitions extent reese depend approach inconsistent think better one one established weightiest subsequent cases follow accordingly complaint called application statute clearly constitutional fifteenth amendment end question constitutionality application statute called complaint whatever precisely may reach fifteenth amendment enough say conduct charged discrimination state officials within course official duties voting rights citizens grounds race color certainly state action clearest form subject ban amendment legislation designed deal discrimination appropriate legislation makes difference discrimination question state action also violative state law snowden hughes appellees contend since congress provided subsection statutory provision question district courts shall exercise jurisdiction without regard whether party aggrieved shall exhausted administrative remedies may provided law since remedies exhausted appellees action ascribed state argument ultimate voice state spoken since higher echelons authority state might revise appellees action however established fundamental proposition every state official high low bound fourteenth fifteenth amendments see cooper aaron think already made clear follows congress power provide correction constitutional violations every official without regard presence authority state might possibly revise actions appellees draw support expressions barney city new york much rely authority expressions restricted later decisions see snowden hughes supra barney must regarded worn away erosion time tigner texas contrary authority see raymond chicago union traction home tel tel los angeles moines nat bank bennett snowden hughes supra screws cf classic said barney doctrine home tel tel los angeles supra chief justice white enforcement render impossible performance duty federal courts charged constitution district seems us recognized complaint clearly charged violation fifteenth amendment statute statute applicable class cases unquestionably valid legislation amendment think rules stated gone upheld act applied present action dismissal complaint error appellees urge alternative grounds seek support judgment district dismissing complaint believe grounds well taken urged beyond power congress authorize bring action support private constitutional rights highest public interest due observance constitutional guarantees including bear directly private rights think perfectly competent congress authorize guardian public interest suit injunctive relief see steelworkers cases cited appellees raise questions scope equitable discretion reserved courts suits cf need define scope discretion district proceedings nature exercising traditional equity discretion declined dismiss complaint ground discern basis present posture case contention abused discretion questions relief sought posed remedial issues hardly properly presented stage litigation parties engaged much discussion concerning ultimate scope congress intended legislation apply concerning constitutionality fifteenth amendment various applications shall compound error found district judgment intimating views either matter reversed footnotes holmes blodgett holden cf mountain timber washington state determination class persons invoke protection provisions federal constitution held conclusive tileston ullman certainly said sort action proceeded validly reachable constitution see pp infra small inessential part evil congress concerned statute defendants permitted make attack statute generally subsection innumerable items legislative history show congress particular concern sort action charged see hearings subcommittee constitutional rights committee judiciary senate proposals secure protect strengthen civil rights persons constitution laws pp hearings subcommittee committee judiciary house representatives miscellaneous bills regarding civil rights persons within jurisdiction pp cong rec serious contention statute civil enactment fail give adequate notice conduct validly proscribed even certain applications deemed unconstitutional criminal proceedings statute must depend violation restraining order embracing party charged illinois central mckendree ju toy barney property owner action enjoin state officials construction rapid transit tunnel particular place suit brought directly fourteenth amendment federal averred proposed action state officials authorized state law appear complainant alleged higher state administrative echelons indisposed halt unauthorized actions state offered remedy property owner threatened interference property state officials acting without authority presented specific federal statute expressly authorizing federal judicial intervention matters posture many contentions raised appellees style notice filed district docketed however since judgment district awarded appellees relief requested despite rejecting contentions except central one necessary bring contentions us considered otherwise simply alternative grounds judgment supported view broad nature seems indicate desire congress whole case come contrast borden power pass questions since district expressed views also deem appropriate justice frankfurter justice harlan concurs joining judgment weighty presumptive validity civil rights act like every enactment congress comes overborne claim urged deal legislation find unconstitutionality reverse duty courts apply statute save measure sustained familiar principles constitutional law procedural hurdle left cleared sustain suit whatever may original force barney new york decision long ceased obstruction decision way result case find needless canvass multitude opinions may generally touch govern issues us