We should quit trying to do a vain thing. Proof of literacy as a prerequisite for voting may be established by a Statenot by the Federal Government but by a Statewithin the power reserved to the State by article I and the 17th amendment. In the Lassiter case. which I mentioned earlier. the Supreme Court held that the use of a literacy test by the State of North Carolina for voting was a valid prerequisite. absent a showing that it was applied in an arbitrary or discriminatory way. and that such a provision does not violate the 14th amendment or other related sections of the Constitution. Again the Court said that the power was retained by the States. that it never passed from the States to the Federal Government. Unless the power was passed by the Constitution. and became vested in the Federal Government. the Congress cannot by statute invest such power in the Federal Government. Under the Constitution the power is held by the States and by the people. and not delegated in the Constitution to the Central Government. I quote from a portion of the decision in the Lassiter case: We come then to the question whether a State may consistently with the 14th and 17th amendments apply a literacy test to all voters irrespective of race or color. The decision again refers to the case of Guinn v. United States. to which I referred a moment ago. in support of the ruling. I continue the quotation: The Court in Guinn v. United States. supra. at 366. disposed of the question in a few words. "No time need 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." Mr. President. the States had the power then. according to the Supreme Court.
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