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Original Knights Of The Ku Klux — Part 1
Page 147
147 / 184
—_,
B.
The defendants’ constitutional zrguments rest on a mis-
—.
unéerstanding of the constitutional sources foE-the-Civil Rights
Acs of 1357 and 1964. Pe
(2 The Civil Rights act of 1957: Protection of Right
to Vote F-om Uniawfu} Interference.(@iIn upholding the consti-
ti donali cy of the voting provisions of the 1957 Act, we need not
; 25
ac..sider che Civil War Amendments. Section 1971 (b), here en-
“forced uniler 1971 (ce), is limited to prohibiting interference
' c+ with the sight to vote in elections for federal office. Article If,
Se.tion 4 of the Constitution is an express grant of authority to
Congress co regulate federal elections:
po, "re times, places and manner of holding elec-
deop.. tions for senators and representatives, shall
| ie be prescribed in each State by the legislature
thereof; but the Congress may at any time by
Law make or alter such regulations, except as
to the places of choosing Senators.”
to, . -
As the House Committee pointed out in its report on the
law, United States v. Classic, 1641, 313 U.8. 299, 61 S. Ct. 1031,.
| .85 L.Ed. 1368, “establishes the authority in Congress to legis-
late concerning any and all elections affecting federal officers,
a
whether general, special, or primary, =s long as they are ‘an
| _ integral part of the procedure of choice or where in fact the
primary effectively controls theis cnelce.'" uU.S.Code Cong. -and
4
| ; Adm. News, 85 Cong. 1957, p. 1977. The Supreme Court said, in
f Classic:
rte far
Po tae
ee ed — ee
| - "While, in a loose sense, vne righ
| .- representatives in Congress is sometimes spoken
of as a right derived from the states, [cita-
tions omitted] this statement is true only in the
sense that the states are suchcrized by the Con~
stitution, ta legislate on tis subject as pro-
vided by §2 of Art. I, to the extent that
Congress has not restricteé scale action by
the exercise of its powers to regulate elections
under §4 and its more general power under Article
I, §8, clause 18 of the Constitution 'to make all.
lews which shall he aece...2. . 0 pecpey for
ezrrying into execution v0. /.. cing powers.'"
LF
@
i
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