For Your Data Shaver V. Happersett Representative Brief Summary
February 25, 2019
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Minor v. Happersett case brief summary
88 U.S. of America 162 (1874)
Overview
A dispute arose regarding whether a field could deny women the correct to vote.
Case Facts
Virginia Minor attempted to register to vote inward Missouri. After the field turned her away, she sued on the soil that it had violated the Fourteenth Amendment.
Legal Issue
Is the correct to vote i of the privileges in addition to immunities guaranteed past times the Fourteenth Amendment?
Holding
The correct to vote is non i of those privileges in addition to immunities.
Analysis
Waite, C.J. Historical show inside in addition to exterior the Constitution strongly suggests that the correct to vote is non coextensive alongside citizenship. When the Constitution was adopted, most states had limited, either expressly or implicitly, suffrage to manlike someone citizens. If the Framers had intended to alter this field of affairs, they nearly for sure would convey done in addition to then using a clause inward the Constitution. The lack of such a clause indicates that they intended to larn out voting rights every bit they had existed. Furthermore, agreement the correct to vote every bit a gene of citizenship would Pb to absurd consequences. Under this view, the Privileges in addition to Immunities Clause of Article IV would necessarily hateful that each field is outflow to allow a citizen of whatsoever other field to vote.
The Fourteenth in addition to Fifteenth Amendments explicitly prohibit disenfranchisement on the soil of race or previous status of servitude, simply they glaringly omit whatsoever yell of disenfranchisement based on adult relations. When the states were admitted to the Union, no objection was e'er made on grounds that they denied women the correct to vote; such was the illustration fifty-fifty inward the readmission of the Southern states next the Civil War.
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Overview
A dispute arose regarding whether a field could deny women the correct to vote.
Case Facts
Virginia Minor attempted to register to vote inward Missouri. After the field turned her away, she sued on the soil that it had violated the Fourteenth Amendment.
Legal Issue
Is the correct to vote i of the privileges in addition to immunities guaranteed past times the Fourteenth Amendment?
Holding
The correct to vote is non i of those privileges in addition to immunities.
Analysis
Waite, C.J. Historical show inside in addition to exterior the Constitution strongly suggests that the correct to vote is non coextensive alongside citizenship. When the Constitution was adopted, most states had limited, either expressly or implicitly, suffrage to manlike someone citizens. If the Framers had intended to alter this field of affairs, they nearly for sure would convey done in addition to then using a clause inward the Constitution. The lack of such a clause indicates that they intended to larn out voting rights every bit they had existed. Furthermore, agreement the correct to vote every bit a gene of citizenship would Pb to absurd consequences. Under this view, the Privileges in addition to Immunities Clause of Article IV would necessarily hateful that each field is outflow to allow a citizen of whatsoever other field to vote.
The Fourteenth in addition to Fifteenth Amendments explicitly prohibit disenfranchisement on the soil of race or previous status of servitude, simply they glaringly omit whatsoever yell of disenfranchisement based on adult relations. When the states were admitted to the Union, no objection was e'er made on grounds that they denied women the correct to vote; such was the illustration fifty-fifty inward the readmission of the Southern states next the Civil War.
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