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Lecture 10A - White Primary and Other Suppression Measures II
Lecture 10A - White Primary and Other Suppression Measures II
Political parties
Are they private organizations or more of a public institution?
If they are private, can they exclude people?
From their primaries or as candidates
Do they even have to use a primary?
Washington not a fan of parties or factions
We have went through several party systems in the U.S.
In races that use primaries, it is usually the state and administers and pays for the
primary election?
Ballot and State Gatekeeping
Background
A state statute in Texas prohibited African-Americans from voting in the
Democratic Party Primary
An African-American tried to vote in the Democratic Primary but was denied
The Question before the Court was the constitutionality of this statute
Holmes, J. for a unanimous Court
They find a violation of the 14th Amendment
This violated the concept of Equal Protection
Aftermath of Nixon v. Herndon
Background
This is the new challenge to exclusions of non-whites from the primary
Texas Democrats argued they are a voluntary organization and can include or
exclude whomever they want for whatever reason they want
Reed, J. for an 8-1 Court
Party primaries are conducted by the state under statutory authority
This means the same rules applied to general elections are applied to primaries
This is thus state action, and violates the 15th Amendment
Grovey v. Townsend is overruled
Roberts, J. dissenting
Terry v. Adams (1953)
Background
Fort Bend County, there was a group known as the Jaybird Democratic Association
They were a voluntary club not an arm of the state at all
This was essentially a pre-primary who ever won their endorsement almost
always won the primary mostly unopposed
They excluded African-Americans
The question the Court faced was whether this 15 th Amendment
Terry v. Adams- II
Black, J. announces the judgment of the Court, joined by Douglas and Burton
This endorsement by the committee has acted as the de facto election since 1889
It has become and integral and effective part of the election process
All those that get elected participate in this endorsement process
Therefore, excluding African-Americans from this organization equals denying them a role
in the political process thus violates the 15th Amendment
Frankfurter, J. concurring
The state must have a hand in the discriminatory action to violate the 15 th
Amendment
He finds that this falls within that scope
Terry v. Adams- III
Minton, J. dissenting
He does not feel that there is any state action involved
He wonders how far to other organizations that endorse candidates will be forced
to let others in
This is more about dislike of what the Jaybird Association was doing
Aftermath of Terry v. Adams
Vote Dilution I
Issacharoff: pages 609-652
Whitcomb v. Chavis (1971)
White v. Regester (1973)
City of Mobile v. Bolden (1980)
Gaffney v. Cummings (1973)
Karcher v. Daggett (1983)
Kousser: pages 317-366
Intent and Effect in Law and History