City of Rome v U.S.
446 U.S. 156 [1980]
Author: Sam Biers

Federal Power to Regulate Private Conduct under the 14th - Remedial Power

Relevant Facts: In 1966, appellant city of Rome, Ga., made certain changes in its electoral system, including provisions for majority rather than plurality vote for each of the nine members of the City Commission; for three numbered posts within each of the three (reduced from nine) wards; and for staggered terms for the commissioners and for members of the Board of Education from each ward; and a requirement that members of the Board reside in the wards from which they were elected.  The Voting Rights Act required pre-clearance by either the AG or 3 judge panel.

The Ag refused, b/c population is predominantly white and racial bloc voting has been common, the chgs would deprive non-whites voters opportunity to elect their choice.

Legal Issue(s): Whether Congress has the constitutional authority to enact and enforce the Voting Rights Act upon the electoral changes made by the City of Rome by way and through the 15^th Amendment?

Court’s Holding: Yes

Procedure: City filed declaratory judgment action seeking relief from Voting Rights Act. The Three-Judge D Ct granted summary for dfs, and pls appealed. S. Ct. Affirmed.

Law or Rule(s): Act requires pre-clearance of any change in a “Standard, practice, or procedure with respect to voting,” UNLESS the both discriminatory purpose and effect were absent.

Court Rationale: {Virginia} “Congress is authorized to enforce the prohibitions by appropriate legislation.  Congress has full remedial powers to effectuate the constitutional prohibitions against racial discrimination in voting.”  The Act requires that new voting rules must be pre-cleared, and lack discriminatory purpose and effect, and the use of federal examiners are appropriate methods to enforce the 15^th.   Under which Congress may prohibit state actions that perpetuate the effects of past discrimination, directly through the 14th’s Equal Protection. The electoral changes within a jurisdiction with hx such as GA’s creates the risk of purposeful discrimination unless Congress has implemented the ban w/o conditions. Principles of federalism may be overridden by appropriate legislation to enforce Civil War Amendments. The 15^th supercedes state power exertions and the Act is an appropriate means for carrying out Congress’ constitutional responsibilities.  The extension of the Act, was a Constit. method of enforcing the 15^th.

Plaintiff’s Argument: The Act is unconstitutional b/c it exceeds Congress’ power to enforce the 15^th Amendment where only discriminatory effect occur absent discriminatory intent.

Defendant’s Argument: The Act determines that new voting rules must lack discriminatory purpose and effect, if not AG is not required to preclear those changes in a district with a hx for racial discrimination pertaining to voting.

MINORITY - Under the 15^th Congress may impose only constit. deprivations to remedy violations of voting rights.  Rome has not denied nor abridged the voting rights of blacks.  Federal review (pre-clearance), of local practices reduces the influence citizens have over policies affecting them, and strips locally elected officials of their autonomy to chart policy.

S. C. held that: (1) city could not use bailout procedure of Voting Rights Act; (2) Congress intended that voting practice not be precleared unless both discriminatory purpose and effect were absent; (3) Act did not exceed Congress' power to enforce Fifteenth Amendment; (4) Act did not violate principles of federalism; (5) extension of Act was a constitutional method of enforcing Fifteenth Amendment; and (6) district court's findings that city failed to prove that electoral changes in annexations disapproved by Attorney General did not have discriminatory effect were not clearly erroneous.

Remedial - helpful, corrective or curative

15^th Amendment -Sec. 1 The citizens’ right to vote shall not be denied or abridged by U.S. or State on account of race, color, or previous condition of servitude.

Sec 2: Congress shall have power to enforce this article by appropriate legislation.

Vitiate - to impair make void, destroy or annul.