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To: Abundy; PistolPaknMama; Hotline
Reference bump... still have to read/research more.

HARMAN v. FORSSENIUS, 380 U.S. 528 (1965)
(excerpt)

It has long been established that a State may not impose a penalty upon those who exercise a right guaranteed by the Constitution. Frost & Frost Trucking Co. v. Railroad Comm'n of California, 271 U.S. 583 . "Constitutional rights would be of little value if they could be . . . indirectly denied," Smith v. Allwright, 321 U.S. 649, 664 , or "manipulated out of existence." Gomillion v. Lightfoot, 364 U.S. 339, 345 . Significantly, the Twenty-fourth Amendment does not merely insure that the franchise shall not be "denied" by reason of failure to pay the poll tax; it expressly guarantees that the right to vote shall not be "denied or abridged" for that reason. Thus, like the Fifteenth Amendment, the Twenty-fourth "nullifies sophisticated as well as simple-minded modes" of impairing [380 U.S. 528, 541] the right guaranteed. Lane v. Wilson, 307 U.S. 268, 275 . "It hits onerous procedural requirements which effectively handicap exercise of the franchise" by those claiming the constitutional immunity. Ibid.; cf. Gray v. Johnson, 234 F. Supp. 743 (D.C. S. D. Miss.).

260 posted on 10/17/2001 11:46:23 PM PDT by dbwz
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To: dbwz
Oh yeah...Emerson is a figurative hole in the dike that is the start of the destruction of the dike.

Get ready.

And that comment was in no means a bad pun regarding alternate lifestylers....

282 posted on 10/22/2001 4:54:28 AM PDT by Abundy
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