Speech #870194439

Whatever it may be called. it prescribes the qualifications for a voter as satisfactory. if the voter has completed six grades in a school. However. I hold that the 14th and 15th amendments give to Congress the power to strike down a literacy test prescribed by a State if such literacy test is discriminatory on its face. It has not been argued by the proponents and supporters of the MansfieldDirksen amendment that literacy tests. against which their amendment is directed. are discriminatory on their face. This is shown by the fact that the amendment does not propose to invalidate the State literacy tests which have been applied discriminately against voters because of their race or color. To the contrary. the amendment attempts to confer upon Congress the power to prescribe a specific qualification. I do not believe that anyone can show that this power resides in the Congress. While the Congress has no constitutional authority to prescribe a voting qualification. such as the MansfieldDirksen amendment proposes to do. it does have the power under the 14th and 15th amendments to the Constitution to enact legislation to prevent and to strike down the discriminatory application of State imposed qualifications. At this point I should like to read the part of the amendment I have offered which would operate to prevent discrimination in the application of literacy tests. Section 2 of my amendment adds a new paragraph to subsection (a) of section 2004 of the revised statutes. as amended (42 U.S.C. 1971). and reads as follows: (2) No individual seeking to vote. or to qualify to vote. in any general. special. or primary election in any State or subdivision of a State shall be subjected to any literacy test as a qualification for voting by an official. or person acting under color of law or otherwise. to whom application is required to be made to vote at the place of voting. or to be enrolled or registered as a voter. For the purposes of this paragraph and paragraph (3). the term "literacy test" includes any test of the ability of an Individual to read. write. comprehend. understand. or interpret any matter. My amendment goes directly to the power of the Congress. under the 14th and 15th amendments. to strike down the discriminatory application of Stateimposed qualifications. It would prohibit an election officer at the voting place. or an official to whom application must be made to be registered or enrolled as a voter. from subjecting an applicant to tests of reading. writing. comprehension. understanding. or interpretation of any matter.