Hugo Black

Name: Oregon v. Mitchell — Opinion of the Court
Author: Hugo Black

Oregon v. Mitchell — Opinion of the Court

Summary

“Oregon v. Mitchell — Opinion of the Court”, is a work by Hugo Black. It explores elements such as Congress, voters and national elections.

Quotes from Oregon v. Mitchell — Opinion of the Court (Hugo Black)

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ My major disagreement with my Brother HARLAN is that, while I agree as to the States' power to regulate the elections of their own officials, I believe, contrary to his view, that Congress has the final authority over federal elections. No function is more essential to the separate and independent existence of the States and their governments than the power to determine, within the limits of the Constitution, the qualifications of their own voters for state, county, and municipal offices and the nature of their own machinery for filling local public offices. ”

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Source: Wikisource

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ Since Congress has attempted to invade an area preserved to the States by the Constitution without a foundation for enforcing the Civil War Amendments' ban on racial discrimination, I would hold that Congress has exceeded its powers in attempting to lower the voting age in state and local elections. On the other hand, where Congress legislates in a domain not exclusively reserved by the Constitution to the States, its enforcement power need not be tied so closely to the goal of eliminating discrimination on account of race. ”

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Source: Wikisource

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ Without these power in Congress, the people can have no remedy; but the 4th section provides a remedy, a controlling power in a legislature, composed of senators and representatives of twelve states, without the influence of our commotions and factions, who will hear impartially, and preserve and restore to the people their equal and sacred rights of election. ”

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Source: Wikisource

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ The establishment of voter age qualifications is a matter of legislative judgment which cannot be properly decided under the Equal Protection Clause. The crucial question here is not who is denied equal protection, but, rather, which political body, state or federal, is empowered to fix the minimum age of voters. The Framers intended the States to make the voting age decision in all elections with the provision that Congress could override state judgments concerning the qualifications of voters in federal elections. ”

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Source: Wikisource

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ Essential to the survival and to the growth of our national government is its power to fill its elective offices and to insure that the officials who fill those offices are as responsive as possible to the will of the people whom they represent. ”

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Source: Wikisource

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ That Congress do not exercise the powers vested in them by the 4th section of the 1st article, but in cases where a state shall neglect or refuse to make the regulations therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress, agreeably to the Constitution. ”

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Source: Wikisource

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. ”

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Source: Wikisource

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ Arizona also has a serious problem of deficient voter registration among Indians. Congressional [p133] concern over the use of a literacy test to disfranchise Puerto Ricans in New York State is already a matter of record in this Court. Katzenbach v. Morgan, supra. And as to the Nation as a whole, Congress had before it statistics which demonstrate that voter registration and voter participation are consistently greater in States without literacy tests. ”

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Source: Wikisource

Hugo Black, Oregon v. Mitchell — Opinion of the Court

“ While this Court has recognized that the Equal Protection Clause of the Fourteenth Amendment in some instances protects against discriminations [p127] other than those on account of race, [10] see Reynolds v. ”

Hugo Black

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Quotes from Oregon v. Mitchell — Opinion of the Court (Hugo Black)

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