William J. Brennan, Jr.

Name: United States v. Raines — Opinion of the Court
Author: William J. Brennan, Jr.

United States v. Raines — Opinion of the Court

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“United States v. Raines — Opinion of the Court”, is a work by William J. Brennan, Jr.. It explores elements such as the United States, the District Court and statute.

Quotes from United States v. Raines — Opinion of the Court (William J. Brennan, Jr.)

William J. Brennan, Jr., United States v. Raines — Opinion of the Court

“ And as to the application of the statute called for by the complaint, whatever precisely may be the reach of the Fifteenth Amendment, it is enough to say that the conduct charged-discrimination by state officials, within the course of their official duties, against the voting rights of United States citizens, on grounds of race or color-is certainly, as 'state action' and the clearest form of it, subject to the ban of that Amendment, and that legislation designed to deal with such discrimination is 'appropriate legislation' under it. ”

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Source: Wikisource

William J. Brennan, Jr., United States v. Raines — Opinion of the Court

“ The delicate power of pronouncing an Act of Congress unconstitutional is not to be exercised with reference to hypothetical cases thus imagined. The Court further pointed to the fact that a limiting construction could be given to the statute by the court responsible for its construction if an application of doubtful constitutionality were in fact concretely presented. ”

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Source: Wikisource

William J. Brennan, Jr., United States v. Raines — Opinion of the Court

“ Kindred to these rules is the rule that one to whom application of a statute is constitutional will not be heard to attack the statute on the ground that impliedly it might also be taken as applying to other persons or other situations in which its application might be unconstitutional. ”

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Source: Wikisource

William J. Brennan, Jr., United States v. Raines — Opinion of the Court

“ Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) * * *, the Attorney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. ”

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Source: Wikisource

William J. Brennan, Jr., United States v. Raines — Opinion of the Court

“ This Court, as is the case with all federal courts, 'has no jurisdiction to pronounce any statute, either of a state or of the United States, void, because irreconcilable with the constitution, except as it is called upon to adjudge the legal rights of litigants in actual controversies. In the exercise of that jurisdiction, it is bound by two rules, to which it has rigidly adhered: one, never to anticipate a question of constitutional law in advance of the necessity of deciding it ”

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Source: Wikisource

William J. Brennan, Jr., United States v. Raines — Opinion of the Court

“ All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude ”

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Source: Wikisource

William J. Brennan, Jr., United States v. Raines — Opinion of the Court

“ The appellees urge alternative grounds on which they seek to support the judgment of the District Court dismissing the complaint. [7] We do not believe these grounds are well taken. It is urged that it is beyond the power of Congress to authorize the United States to bring this action in support of private constitutional rights. ”

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Source: Wikisource

William J. Brennan, Jr., United States v. Raines — Opinion of the Court

“ In many of their applications, these are not principles ordained by the Constitution, but constitute rather 'rule (s) of practice,' Barrows v. Jackson, supra, 346 U.S. at page 257, 73 S.Ct. at page 1035, albeit weighty ones; hence some exceptions to them where there are weightly countervailing policies have been and are recognized. ”

William J. Brennan, Jr.

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