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Original Knights Of The Ku Klux — Part 1

184 pages · May 11, 2026 · Document date: Aug 17, 1965 · Broad topic: General · Topic: Original Knights Of The Ku Klux · 184 pages OCR'd
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—_, 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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