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16) It argues that after a burst of media and academic interest immediately following the opinion, in which the disfranchising results of the holding received considerable attention, in the decades following the decision legal scholars gradually came to cite Giles for three broad and varied propositions, two of which had little to do with the antidemocratic nature of Holmes's opinion.
28) That constitution, which was proposed and ratified by a racist and biased group of elite Democrats intent on disfranchising African Americans, (29) created an enormously convoluted bifurcated system of registering voters.
Teasley, (24) "have made it quite difficult to bring the question [of whether the disfranchising constitutions violated the Fifteenth Amendment] squarely before the Supreme Court.
In North Carolina, for example, Republican Party leaders, though fighting disfranchisement, dissuaded black leaders from mobilizing opposition during the 1900 campaign for popular approval of the constitutional disfranchising amendments.
For once the Supreme Court effectively blessed the disfranchising constitutions, those constitutions then created an electorate in their own image.
There whites were deeply divided over disfranchisement; when the disfranchising constitution of 1900--just before Giles--was submitted for popular approval, it passed with only 58.
Since suffrage for convicts can be won only on legal grounds, a new litigation strategy is needed that will circumvent the Supreme Court's dubious claim that states' disfranchising laws are generally constitutional.
Underwood, that an Alabama law disfranchising certain offenders was unconstitutional because it was adopted in 1901 with racist intent and continued eight decades later to have a disproportionate effect on blacks.
He claims that when conservatives disfrachised, they did not do so along strictly racist lines but were willing to allow the best blacks to vote while disfranchising the worst whites.