Nixon v. Condon | |
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Argued January 7, 1932 Reargued March 15, 1932 Decided May 2, 1932 | |
Full case name | L.A. Nixon v. James Condon and another |
Citations | 286 U.S. 73 ( more ) |
Case history | |
Prior | 34 F.2d 464 (W.D. Tex. 1929), aff'd, 49 F.2d 1012 (5th Cir. 1931), cert. granted, 284 U.S. 601(1931). |
Court membership | |
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Case opinions | |
Majority | Cardozo, joined by Hughes, Brandeis, Stone, Roberts |
Dissent | McReynolds, joined by Van Devanter, Sutherland, Butler |
Laws applied | |
U.S. Const., amend. XIV, Tex. Civ. St. art. 3107 |
Nixon v. Condon, 286 U.S. 73 (1932), was a voting rights case decided by the United States Supreme Court, which found the all-white Democratic Party primary in Texas unconstitutional. This was one of four cases brought to challenge the Texas all-white Democratic Party primary. All challenges were supported by the National Association for the Advancement of Colored People (NAACP). [1] With Smith v. Allwright (1944) the Supreme Court decisively prohibited the white primary.
In Nixon v. Herndon (1927), the Court had struck down a Texas statute that prohibited blacks from participating in the Texas Democratic primary election. Very shortly after that decision, the Texas Legislature repealed the invalidated statute, declared that the effect of the Nixon decision was to create an emergency requiring immediate action, and replaced the old statute with a new one. The new law provided that every political party would henceforth "in its own way determine who shall be qualified to vote or otherwise participate in such political party".
Under the authority of this law, the executive committee of the Texas Democratic Party adopted a resolution stating that "all white democrats who are qualified under the constitution and laws of Texas" would be allowed to vote. In the 1928 Democratic primary, Dr. L. A. Nixon of El Paso again tried to vote. He was again denied, on the ground that the resolution allowed only whites to vote (Nixon was black). Nixon sued the judges of elections in federal court.
The defendants argued that there was no state action and therefore no equal protection violation, because the Democratic Party was "merely a voluntary association" that had the power to choose its own membership.
The Court, however, in a five to four ruling, reasoned that because the Texas statute gave the party's executive committee the authority to exclude would-be members of the party – an authority, the Court said, that the executive committee hitherto had not possessed – the executive committee was acting under a state grant of power. Because there was state action, the case was controlled by Nixon v. Herndon (1927), which prohibited state officials from "discharg[ing] their official functions in such a way as to discriminate invidiously between white citizens and black".
The Court's decision affected all-white primaries in other Southern states.
The Democratic Party in Texas responded by barring blacks from participation in the party nominating conventions, and thus effectively continuing the white primary. [1]
Grovey v. Townsend (1935) and Smith v. Allwright (1944) were additional cases brought by African Americans to challenge Texas white primaries. With the latter, the Supreme Court decisively prohibited white primaries.
The Fifteenth Amendment to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.
The Twenty-fourth Amendment of the United States Constitution prohibits both Congress and the states from requiring the payment of a poll tax or any other tax to vote in federal elections. The amendment was proposed by Congress to the states on August 27, 1962, and was ratified by the states on January 23, 1964.
Smith v. Allwright, 321 U.S. 649 (1944), was a landmark decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Texas state law that authorized parties to set their internal rules, including the use of white primaries. The court ruled that it was unconstitutional for the state to delegate its authority over elections to parties in order to allow discrimination to be practiced. This ruling affected all other states where the party used the white primary rule.
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White primaries were primary elections held in the Southern United States in which only white voters were permitted to participate. Statewide white primaries were established by the state Democratic Party units or by state legislatures in South Carolina (1896), Florida (1902), Mississippi and Alabama, Texas (1905), Louisiana and Arkansas (1906), and Georgia (1900). Since winning the Democratic primary in the South at the time almost always meant winning the general election, barring black and other minority voters meant they were in essence disenfranchised. Southern states also passed laws and constitutions with provisions to raise barriers to voter registration, completing disenfranchisement from 1890 to 1908 in all states of the former Confederacy.
Nixon v. Herndon, 273 U.S. 536 (1927), was a United States Supreme Court decision which struck down a 1923 Texas law forbidding blacks from voting in the Texas Democratic Party primary. Due to the limited amount of Republican Party activity in Texas at the time following the suppression of black voting through poll taxes, the Democratic Party primary was essentially the only competitive process and chance to choose candidates for the Senate, House of Representatives and state offices.
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Terry v. Adams, 345 U.S. 461 (1953), was a United States Supreme Court decision that held white-only pre-primary elections to be unconstitutional. It was the last in a series of court cases addressing the system of white primaries designed to disenfranchise African-American voters in the southern United States.
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