Reader Ad Slot
Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Original Knights Of The Ku Klux — Part 2
Page 172
172 / 208
fm
oe ee
wi “eel
{>) Under the “sweeping clanul". A.clcle I, Section &, Clause
£, Congress may enact all laws “nccs.sary and preper" to carry
out any of its powers, anciucinc, ci course, its power to regu-
“ late federal elections. This pzcvizizn leaves to Congress the
choice of the means to execute its sowers. "Let the end be
lesitimate, let it be hin the scope of the Constitution, and
all means which are appropriate, which are plainly adapted to that
“end, which are not prohibited, but consist with the letter and
spirit of the Constitution ere consticutional". MeCulloch v.
Maryland, 1819, 4 Wheat. 316, 421.
“There is little regarding a2. election that is not in-
civ“ia in the terms 'time, place anc manner of holding it'".
Unite@ States v. Munford, 1933, C. C., E.D.va., 16 F. 223. The
»
Supreme Court has said:
“It cannot be doubted that tnete comprehensive
words embrace authority ic
code for congressional oluct_
to times and places, but in tel m to notices,
recistration, supervision ci voting, protection
of voters, prevention cf Isc.c and corrupt prac-
tices, counting of vote:, Gu-lis of inspectors
znd canvassers, ané makin, a.4 .ublicacion of
election returns; in shezt, to enact an)
rumerous requirements as to srzccedure and Te ~
safeguards which experience zhiws ere necessary ,
in order to enforce the fundcimental right in-
volved." Smiley v. Eolm, i932, 285 U.S. 355,
256, 76 L.Ed. 795.
“yo facts make it appropriats for Congress to reach registra~
as pict of the “manner of holding elections".
-.on/ First, registering is 2 prerscuisite to voting. Second,
vagistre tion is a process for certifying 2 citizen as a qualified
. } ;
yoter in both ‘federal and state elections. A law protecting the
tught t2 vote could hardly be appropriate unless it protected the
26
cht tc register. In Clessic language, registering is a "“neces-
S classic
sary step" and “integral“ in vosing in “elections”. In Classic,
“-nrerference with the effective choice of the voters" in a
Louisisr.a Democratic primary was inc.sference “at the only stage
ap
we
Reveal the original PDF page, then click a word to highlight the OCR text.
Community corrections
No user corrections yet.
Comments
No comments on this document yet.
Bottom Reader Ad Slot
Bottom Reader Ad Slot placeholder
If you would like to support SpookStack without paying out of pocket, please consider allowing advertising cookies. It helps cover hosting costs and keeps the archive free to browse. You can change this choice at any time.
Continue Exploring
Agency Collection
Explore This Archive Cluster
Broad Topic Hub
Topic Hub
letter
bureau
Related subtopics
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic
Subtopic