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Stricty Scrutiny



             In Smith v Allwright (1944), the Court overruled its previous decision made nine years earlier in Grovey v. Townsend, and held that the right to vote in primary elections was actually protected by the Constitution. This case again concerned the Texas Democratic Party's resolution that restricted membership to white citizens of Texas. The Court found that primary elections were conducted by the party under state authority and were a means of choosing officials. Although recognizing that general membership in a party was not a concern of the state, the Court held that when membership was a qualification for voting in a primary to select nominees for the general election, it became an action of the state, and therefore violated the 15th Amendment.
             The Court's series of decisions interpreting the equal protection clause of the 14th amendment, and the 15th amendment had its beginning in Gomillion v. Lightfoot (1960), in which the court found a 15th amendment violation in the redrawing of a municipal boundary line into a 28-sided figure exluding from the city all but four or five of 400 African Americans but no whites, which thereby continued white domination in municipal elections. When an otherwise lawful exercise of state power is used to get around a federally protected right, the courts may intervene.
             In 1965, the federal government adopted the Voting Rights Act, to ensure access to the ballot for all citizens, an initiative that was supposed to be implemented through the 15th amendment. However, in many jurisdictions, particularly in the South, African-Americans who historically had faced racial discrimination were unable to elect candidates of their choice in most elections. In 1982, the Voting Rights Act was amended to include provisions requiring certain jurisdictions to take steps to give minority voters an opportunity to elect candidates of their choice. .
             To allow minority voters to elect candidates, the solution in a majority, winner-take-all system initially was to turn the minority into a majority through drawing legislative districts to turn an overall racial minority into a majority in a particular district.


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