1946
AMENDMENT 15—RIGHT OF CITIZENS TO VOTE
as applied to others it would be void. United States v. Raines, 362 U.S. 17 (1960),
disapproving the approach of United States v. Reese, 92 U.S. 214 (1876).
43
Pub. L. No. 89–110, §§11–12, 79 Stat. 443, 42 U.S.C. §§1973i, 1973j.
44
The 1871 Act, ch. 99, 16 Stat. 433, provided for a detailed federal supervision
of the electoral process, from registration to the certification of returns. It was re-
pealed in 1894. ch. 25, 28 Stat. 36. In Giles v. Harris, 189 U.S. 475 (1903), the
Court, in an opinion by Justice Holmes, refused to order the registration of 6,000
African Americans who alleged that they were being wrongly denied the franchise,
the Court observing that no judicial order would do them any good in the absence
of judicial supervision of the actual voting, which it was not prepared to do, and
suggesting that the petitioners apply to Congress or the President for relief.
45
Pub. L. No. 85–315, 71 Stat. 634. See United States v. Raines, 362 U.S. 17
(1960); United States v. Alabama, 192 F. Supp. 677 (M.D. Ala. 1961), aff’d, 304 F.2d
583 (5th Cir.), aff’d, 371 U.S. 37 (1962).
46
Pub. L. No. 86–449, 74 Stat. 86.
47
Pub. L. No. 88–352, 78 Stat. 241.
48
Pub. L. No. 89–110, 79 Stat. 437, 42 U.S.C. §1973 et seq.
49
The phrase ‘‘test or device’’ was defined as any requirement for (1) dem-
onstrating the ability to read, write, understand, or interpret any matter, (2) dem-
onstrating any educational achievement or knowledge, (3) demonstrating good moral
character, (4) proving qualifications by vouching of registered voters. Aimed pri-
marily at literacy tests, South Carolina v. Katzenbach, 383 U.S. 301, 333–34 (1966),
the Act was considerably broadened through the Court’s interpretation of §5, 42
U.S.C. §1973c, which require the approval either of the Attorney General or a three-
judge court in the District of Columbia before a State could put into effect any new
voting qualification or prerequisite to voting or standard, practice, or procedure with
respect to voting, to include such changes as apportionment and districting, adop-
prohibiting private action with intent to intimidate or coerce per-
sons in respect of voting in federal elections and authorized the At-
torney General to seek injunctive relief against such private actions
regardless of the character of the election. The 1965 Voting Rights
Act
43
went further and prohibited and penalized private actions to
intimidate voters in federal, state, or local elections. The Supreme
Court has yet to consider the constitutionality of these sections.
Federal Remedial Legislation.—The history of federal reme-
dial legislation is of modern vintage.
44
The 1957 Civil Rights Act
45
authorized the Attorney General of the United States to seek in-
junctive relief to prevent interference with the voting rights of citi-
zens. The 1960 Civil Rights Act
46
expanded on this authorization
by permitting the Attorney General to seek a court finding of ‘‘pat-
tern or practice’’ of discrimination in any particular jurisdiction and
authorizing upon the entering of such a finding the registration of
all qualified persons in the jurisdiction of the race discriminated
against by court-appointed referees. This authorization moved the
vindication of voting rights beyond a case-by-case process. Further
amendments were added in 1964.
47
Finally, in the Voting Rights
Act of 1965
48
Congress went substantially beyond what it had
done before. It provided that if the Attorney General determined
that any State or political subdivision maintained on November 1,
1964, any ‘‘test or device’’
49
and that less than 50 per cent of the