Katzenbach v. Morgan

William Funk funk at lclark.edu
Fri Oct 19 17:00:20 PDT 2007

Can anyone explain why section 4(e) of the Voting Rights Act of 1965 was
justified solely on the basis of the Fourteenth Amendment in Katzenbach v.
Morgan, when Section 5 was justified on the basis of the Fifteenth Amendment
in South Carolina v. Katzenbach?  Could it have been that discrimination
against Puerto Ricans was not viewed as discrimination on the basis of race
or color?  Later, though, in Oregon v. Mitchell, Black, at least, suggests
that Morgan involved racial discrimination.  

Bill Funk

Lewis & Clark Law School


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