When a State exercises power wholly within the domain of state interest, it is insulated from federal judicial review. But such insulation is not carried over when state power is used as an instrument for circumventing a federally protected right. Departments of State, Justice, and Commerce, the Judiciary, and Related ... - Pagina 74de United States. Congress. House. Committee on Appropriations. Subcommittee on Departments of State, Justice, Commerce, the Judiciary, and Related Agencies Appropriations - 1962 - 676 paginiVizualizare completă - Despre această carte
| United States Commission on Civil Rights - 1961 - 280 pagini
...on the exercise of a similar State power with relation to rights protected by the Constitution: l88 When a State exercises power wholly within the domain...instrument for circumventing a federally protected right. This principle has had many applications. It has long been recognized in cases which have prohibited... | |
| United States. Congress. House. Committee on the Judiciary - 1965 - 1226 pagini
...Frankfurter, speaking for the Court in Gomillion v. Liohtfoot, 346 US 339, 347, a 15th amendment case: "When a State exercises power wholly within the domain...instrument for circumventing a federally protected right." Precisely so. And when a State establishes nondiscriminatory voting qualifications, it exercises a... | |
| United States. Congress. Senate. Judiciary - 1965 - 182 pagini
...redefining municipal boundaries so as to exclude Negro citizens clearly unconstitutional, the Court stated: "When a State exercises power wholly within the domain...instrument for circumventing a federally protected right. This principle has had many applications. It has long been recognized in cases which have prohibited... | |
| United States. Congress. Senate. Committee on the Judiciary - 1965 - 182 pagini
...redefining municipal boundaries so as to exclude Negro citizens clearly unconstitutional, the Court stated : "When a State exercises power wholly within the domain...instrument for circumventing a federally protected right. This principle has had many applications. It has long been recognized in cases which have prohibited... | |
| United States. Congress. Senate. Committee on the Judiciary - 1965 - 1566 pagini
...Federal legislative interference. It adds nothing to emphasisize that such Insulation is not available when State power is used as an instrument for circumventing a federally protected right, for when a States' voting standards are, in fact, nondiscriminatory, they cannot lie an instrument... | |
| |