Constitutional Foundations

Question 1

Minor v. Happerset (1874)

Answer 1

State of Missouri’s laws restrict suffrage to men only, the claim is that this constitutes a violation of privileges and immunities under the 14th . Question is if all citizens of the US are invested with the right to suffrage. All citizens are not invested with right of suffrage. Privileges and immunities did not create any rights, only added protection for already existing ones

Question 2

Richardson v. Ramirez (1974)

Answer 2

Premier felon disenfranchisement case, 3 felons who serve sentence sought to register to vote in CA and were denied under the CA Constitution. Court holds yes Section 2 allows felon disenfranchisement. This ruling reflects the reasoning of “purity of the ballot box”, that this disenfranchisement is not a punishment but rather about maintaining good governance.

Question 3

Chiafolo v. Washington (2020)

Answer 3

Can a state penalize an elector for breaking his pledge and coting for a different presidential candidate? Article 11 Section 1 gives States wide reaching authority on how to conduct elections, they are free to impose a sanction so long as nothing in the Const. forbids them doing so. The Const. is silent on this matter, doesn’t say much beyond that states are allowed to determine electors

Question 4

Lassiter v. Northampton County Board of Elections (1959)

Answer 4

Lassiter is a black woman from NC who has her voter registration denied because she refuses to submit a literacy test. Literacy tests as applied to ALL applicants are constitutionally permissible. Article 1 Section 2 outline the HOR and Amend 17 provides section of senators “by the people”, court says this means right of suffrage is est. by and guaranteed under the Const. but subject to broad discretion of the states

Question 5

Harper v. Va. State Board of Elections (1966)

Answer 5

Citizens of VA are challenging the constitutionality of an annual poll tax of $1.50 on every resident 21 or older as a violation of the EPC. A state violates the EPC whenever it makes affluence of any voter or  Any infringement of the right of suffrage must be carefully and meticulously scrutinized. The interest of the state when it comes to voting is limited to the power to fix qualifications payment of any fee an electoral standard.

Question 6

Kramer v. Union Free School District (1969)

Answer 6

NY state statute prohibits voting in School District election if one doesn’t own taxable property in the area or have a child in the system. The requirements are not sufficiently tailored to limiting the franchise to those primarily interested in school affairs, the statute s unconstitutional. Rational Basis does not apply to voter qualifications because the grave consequence of undermining a representative society

Question 7

Carrington v. Rash (1965)

Answer 7

Tex Const. permits servicemen to vote only in the county where they resided when they entered service. A state can impose a reasonable residence requirement for voting, but cannot, under the EPC, deny the ballot to a bona fide resident merely because is a member of the armed service

Question 8

Luther v. Borden (1849)

Answer 8

Challenge to Rhode Island’s requirement that voters be free men in possession of $134 worth of real property. The court finds that it has no place is ascribing the manner a State provides its form of Republican gov. because the Court lacks a good standard of judgment. Finding for either side would invalidate the other, this decision is ultimately up to Congress to make