John Marshall Harlan II

“ In judging this question I think that the dictates of history, even though the Court has seen fit to disregard them for the purpose of determining whether it should get into the matter at all, should cause the Court to take a hard look before striking down a traditional state policy in this area as rationally indefensible. ”

“ And finally, I think that Texas, given the traditional American notion that control of the military should always be kept in civilian hands emphasized in the case of Texas by its own special historical experience, [2] could rationally decide to protect state and local politics against the influences of military voting strength by, in effect, postponing the privilege of voting otherwise attaching to a serviceacquired domicile until the serviceman becomes a civilian and by limiting Texas servicemen to voting in the counties of their original domicile. ”

“ A constitutional democracy which in order to cope with seeming needs of the moment is willing to temporize with its basic distribution and limitation of governmental powers will sooner or later find itself in trouble. ”