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Original Knights Of The Ku Klux — Part 2

208 pages · May 11, 2026 · Document date: Nov 14, 1963 · Broad topic: General · Topic: Original Knights Of The Ku Klux · 208 pages OCR'd
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af “Ae=s Of 1957 and 1966. \ with the right - BL The defendants’ constitutional erguments rest on a mis- a an. uncerstanding of the constitutional sources foEr-the-civil Rights 24 (2 The Civil Rights Act of 1957: Protection of Right so Vote Prom Uniawful Interference.(aIn upholding the consti- ti. ionali cy of the voting provisions o° the 1957 Act, we need not 25 co..siger che Civil War Amendments. Section 1971 (b}, here en- : “forced unier 1971 (ce), is limited to prohibiting interference ‘to vote in elections for federal office. Article I, i Se.tion 4 of the Constitution is an express grant of authority to Congress co regulate federal elections: “Tie times, places and manner of holding elec- tions for senators and representatives, shall be prescribed in each State by the legislature thereof; but the Congress may a= any time by | Law make or alter such reguiasicns, except as to the places of choosing Senators.“ As the House Committee pointed out in its report on the law, United States v. Classic, 1921, 313 U.S. 299, 61 S. Ct. 1031,. -,65 L.Ed. 1369, “establishes the authority in Congress to legis- late concerning any and all elections affecting federal officers, whether general, special, or primary, -s long as they are ‘an . imtegral part of the procedure o= choice or where in fact the primary effectively controls thelzs enoice.'" U.8.Code Cong. .and 4 Adm. News, 85 Cong. 1957, p. 1977. ‘The Supreme Court said, in "While, in a loose sense, <ne right to vote for - representatives in Congress is sometimes spoken of as a right derived from the states, [cita- tions omitted] this statemc.t is trve only in the sense that the states are sucnerized by the Cone- stitution, to legislate on the subject as pro- vided by §2 of Art. I, to the extent that Congress has not restricted sitive action by the exercise of its powers to regulate elections urder §4 and its more general power under Article I, §8, clause 18 of the Constitution ‘to make all - lzws which shall be nece... 2) . 2 sccper for eerrying into execution <7. /:. ..cing powers.'" LF
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