Poll Taxes: Brief on Qualifications for Voters at Federal ElectionsU.S. Government Printing Office, 1942 - 10 páginas |
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Página 7
... under section 4 of article IV of the Constitution of the United States are bound to guarantee to every State in this Union . " Osborn v . San Diego Co. ( 178 U. S. 22 ) . In this case , one argument was , that a court decree enforcing a ...
... under section 4 of article IV of the Constitution of the United States are bound to guarantee to every State in this Union . " Osborn v . San Diego Co. ( 178 U. S. 22 ) . In this case , one argument was , that a court decree enforcing a ...
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Términos y frases comunes
21 Wall AFFIRMATIVE QUALIFICATIONS appointed authority Borden Breedlove Charles Evans Hughes circuit court Congressional Record constitutional provision Court dismissed declared delegates dismissed a writ elective franchise enforce Ex parte Yarbrough Federal Constitution Federal election Federal Government Federal law Federal poll Federalist 1818 ed.)-Madison fifteenth amendment form of government fourteenth amendment governor and lieutenant Happersett Holst initiative and referendum Kentucky legislative power legislature lieutenant governor Louisiana Madison mandamus matter Members of Congress ment Nebraska number of citizens numerous branch offices Ohio Oregon Telephone Park District plaintiff political question poll tax prescribe the qualifications privilege of voting protection versus qualifications of electors qualifications of voters question of providing question of qualifications railroad recognized as republican republican character republican form republican government republican in form restriction right of suffrage Senate seventeenth amendment statute Supreme Court affirmed territory tion United States dismissed vested voters for Members writ of error Yarbrough 110 U. S.
Pasajes populares
Página 2 - the Federal Constitution. Cf. Magnano Co. v. Hamilton (292 US 40, 44 (p. 282)) * * * Privilege of voting is not derived from the United States, but is conferred by the State and, save as restrained by the fifteenth and nineteenth amendments and other provisions of the Federal Constitution, the State may condition suffrage as it deems appropriate. Minor v. Happersett (21
Página 2 - Tax Collector (302 US 277) held that payment "as a prerequisite [to voting] is not required for the purpose of denying or abridging the privilege of voting * * * Exaction of payment before registration undoubtedly serves to aid collection from electors desiring to vote, but that use of the States
Página 1 - reduced the different qualifications in the different states to one uniform rule, would probably have been as dissatisfactory to some of the 1 (Madison, Papers (1840).
Página 9 - 16. Resolved, That a republican constitution, and its existing laws, ought to be guaranteed to each State by the United States
Página 2 - was one to which he was entitled "unrestricted by a tax unreasonably imposed through State invasion of his rights as a citizen of the United States
Página 2 - (146 US l, 37-38); Guinn v. United States (238 US 347, 362)" (p. 283). Appellant in the Breedlove case had specifically contended that the privilege of voting for Federal
Página 10 - of the form which is to be guaranteed. As long therefore as the existing republican forms are continued by the states, they are guaranteed by the federal constitution. Whenever the states may choose to substitute other republican forms, they have a right to do so, and to claim the federal guaranty for the latter. The only restriction imposed on them is, that they shall not exchange republican for antirepublican constitutions: a restriction which, it is presumed, will hardly be considered
Página 5 - said, February 24, 1865, in reply to a question by Henderson: 'I answer at once, as a constitutional lawyer, that at the present time, under the words of the constitution of the United States declaring that the United States shall guarantee to every state a republican form of government, it is the bounden duty of the United States, by act of congress, to guarantee complete freedom to every citizen, and immunity from all oppression and absolute equality be6POLL
Página 7 - The case involved inter alia the question of the power of a State to confer on the courts rather than the legislature jurisdiction of municipal boundaries and annexation of territory. The Supreme Court stated in this connection, "The preservation of legislative control in such matters is not one of the essential elements of a republican form of government, which, under section 4 of article IV of the Constitution of the United States are bound to guarantee to every State in this Union." Osborn v....
Página 2 - the seventeenth amendment, suffice it to say that the Supreme Court in Breedlove v.