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Smith Vs. Allwright
Cites for this judgment
- US Supreme Court
- Apr 03, 1944
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U.S. 649 (1944) U.S. Supreme Court Smith v. AllwrightSearch
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U.S. 649 (1944) Smith v. AllwrightSearch
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party, its membership was limited to white citizens -- was State action in violation of the Fifteenth Amendment. Grove v. TownsendSearch
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the relief sought, and the Circuit Court of Appeals quite properly affirmed its action on the authority of Grovey v. TownsendSearch
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certiorari to resolve a claimed inconsistency between the decision in the Grovey case and that of United States v. ClassicSearch
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Bell v. HillSearch
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P. 546. Cf. Waples v. MarrastSearch
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right of a Negro to vote in the Texas primary has been considered heretofore by this Court. The first case was Nixon v. HerndonSearch
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to be whether the Committee operated as representative of the State in the discharge of the State's authority. Nixon v. CondonSearch
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was lift open. Id., 286 U. S. 84 -85. In Grovey v. TownsendSearch
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petitioner, a Negro, an absentee ballot. The refusal was solely on the ground of race. This case differed from Nixon v. CondonSearch
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for party membership denied the petitioner any right under the Fourteenth or Fifteenth Amendments. Since Grovey v. TownsendSearch
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suit, no case from Texas involving primary elections has been before this Court. We did decide, however, United States v. ClassicSearch
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subject to Federal control, which had remained unanswered since Newberry v. UnitedSearch
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Negroes from primaries. This is not to say that the Classic case cuts directly into the rationale of Grovey v. TownsendSearch
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This latter case was not mentioned in the opinion. Classic bears upon Grovey v. TownsendSearch
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elections is delegation of a state function that may make the party's action the action of the state. When Grovey v. TownsendSearch
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privileges of membership to white citizens only are the same in substance and effect today as they were when Grovey v. TownsendSearch
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to be drawn as to state action from a substantially similar factual situation, it should be noted that Grovey v. TownsendSearch
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Democratic party in Texas. Other precedents of this Court forbid the abridgement of the right to vote. United States v. ReeseSearch
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Guinn v. UnitedSearch
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to vote Page 321 U. S. 662 in a general election, is a right secured by the Constitution. United States v. ClassicSearch
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Negroes from participation. Despite Texas' decision that the exclusion is produced by private or party action, Bell v. HillSearch
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Union Pacific R. Co. v. UnitedSearch
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Milk Wagon Drivers Union v. MeadowmoorSearch
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of participants in the primary. This is state action within the meaning of the Fifteenth Amendment. Guinn v. UnitedSearch
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in the election. Constitutional rights would be of little value if they could be thus indirectly denied. Lane v. WilsonSearch
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S. 268 , 307 U. S. 275 . The privilege of membership in a party may be, as this Court said in Grovey v. TownsendSearch
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Here, we are applying, contrary to the recent decision in Grovey v. TownsendSearch
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principle of the Fifteenth Amendment, forbidding the abridgement by a state of a citizen's right to vote. Grovey v. TownsendSearch
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Art. 3093(3) deals with political qualifications of candidates for nomination for United States Senator. But cf. Bell v. HillSearch
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This appears, however, to be a morally, rather than a legally, enforceable pledge. See Love v. WilcoxSearch
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been held to preclude one who has voted in the party primary from appearing on the ballot as an independent, Westerman v. MimsSearch
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Cunningham v. McDermettSearch
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Civ.App.), one who lost at the primary may still be elected at the general election by a write-in vote. Cunningham v. McDermettSearch
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Cf. Parker v. BrownSearch
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Cf. Pollock v. FarmersSearch
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