Speech #870172992

United States. 238 U.S. 347. This is a case which struck down the "grandfather" clause of the State constitution in Oklahoma. The State of Oklahoma prescribed both a literacy test and the grandfather clause. It was held that the grandfather clause denied or abridged the right of qualified Negroes to vote in Oklahoma in violation of the 15th amendment to the Constitution of the United States. In the course of its decision the Supreme Court of the United States said this in respect to the literacy test: No time need to be spent on the question of the validity of the literacy test considered alone since as we have seen its establishment was but the exercise by the State of a lawful power vested in it not subject to our supervision. and indeed. its validity is admitted. The opinion in this case also stated that: Beyond doubt the amendmentThe 15th amendmentdoes not take away from the State governments in a general sense the power over suffrage which has belonged to those governments from the beginning and without the possession of which power the whole fabric upon which the division of State and National authority under the Constitution and the organization of both governments. rest would be without support and both the authority of the Nation and the State would fall to the ground. In fact. the very command of the amendment recognizes the possession of the general power by the State. since the amendment seeks to regulate its exercise as to the particular subject with which it deals.