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Original Knights Of The Ku Klux — Part 2
Page 171
171 / 208
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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