正在加载图片...
conspiracy and the intent exist, a name on a piece of paper will not defeat them. Unless we are prepared to supervise the voting in that State by officers of the court, it seems to United States that all the plaintiff could get from equity would be an empty form. Apart from damages to the individual, relief from a great olitical wrong, if done, as alleged, by the people of a state and the State itself, must be given them or by the legislative and political department of the Government of the United States. Decree affirmed, 220 If this is not a death-knell to any effort to persuade federal courts to enforce the Fifteenth Amendment against massive, racialized disfranchisement, it is hard to know what would be Newspaper editorials and academic commentators of the time certainly took Giles as exactly that. The Canon noted, for example, that the New York Daily Tribune, desperately cried out Somewhere, somehow, there must be a way of passing on the constitutionality of state laws which plainly nullify the spirit of the federal Constitution. 2 But as the plaintive tone of the editorial suggested, Holmes had made clear there was no such way Academic commentary in the American Political Science Review construed Giles as providing"the real explanation of the difficulty in the way of those who seek through the courts to compel the dominant race in a great section of the country to do that which that race is almost unanimously determined it will not do In the law review scholarship of the era, a harvard Law Review article, after noting the Mills case, nonetheless went on to remark that"[bly far the most significant recent case is that of Giles v. Harris.. [ which reveals] that equity considers her machinery too lame and impotent to attempt such a gigantic task as preventing the people of a state from so administering a law, fair upon its face as to effect a fraudulent discrimination on 20189US.at488 The Canon at 312 2John C. Rose, Negro Suffrage: The Constitutional Point of View, 1 Am. Pol. Sci.Rev 17,39(1906 #,%?1 @,,   " # B   "4 1*=  * !  I0"#! 1+ #$"%#%- %       6 "      0     ? 0    * + +    1  .     * "  ?  1        *   /* 0 * .          + *"   0 " " ".        1   " * .+   .  +          C +    ?  1  A : D    <       *   *     )      +"8    "    00 0 * . 40              " 6   %!   " 6 "   40H A.* "     * = 91 0"  0" * .0       *   1  0 0   *        * :>*    +     *  "    0 *0       !  1 +0  * "   + 9 6      *   0  0   *  *              *     0    *   *     0  :D  0+0    "+ '0+0 "   $ "  0     9J.K          " #  J0+K  /*            *   +              0"*  "  * *    
<<向上翻页向下翻页>>
©2008-现在 cucdc.com 高等教育资讯网 版权所有