Speech #870187964

Nor does the mere requirement of such a test violate the due process clause (Franklin v. Harper. 205 Ga. 779. appeal dismissed 339 U.S. 946). Therefore. since the mere requirement of a literacy test does not violate either of the above amendments. Congress is exceeding the scope of the protecting powers by eradicating that which does not constitute prohibited "State action." Thus. Congress has no power of eradicating literacy tests by virtue of the protecting powers conferred by these amendments. Concerning the question of the constitutionality of the creation of a legal presumption of literacy. it would seem that such presumption would be constitutional because of the close correlation between the facts on which the presumption is based and the fact presumed. However. the creation of such presumption by Congress would not be valid.