Speech #910032520

Supp. I). can be sustained except at the sacrifice of fundamentals in the American constitutional systemthe separation between the legislative and judicial function and the boundaries between federal and state political authority. By the same token I think that the validity of New Yorks literacy test. a question which the Court considers only in the context of the federal statute. must be upheld. It will conduce to analytical clarity if I discuss the second issue first. I. The Cardona Case (No. 673) This case presents a straightforward Equal Protection problem. Appellant. a resident and citizen of New York. sought to register to vote but was refused registration because she failed to meet the New York English literacy qualification respecting eligibility for the franchise." She maintained that although she could not read or write English. she had been born and educated in Puerto Rico and was literate in Spanish. She alleges that New Yorks statute requiring satisfaction of an English literacy test is an arbitrary and irrational classification that violates the Equal Protection Clause at least as applied to someone who. like herself. is literate in Spanish. Any analysis of this problem must begin with the established rule of law that the franchise is essentially a matter of state concern. Minor v.