White primaries
Encyclopedia
White primaries were primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....

s in the Southern States
Southern States
Southern States may refer to:*Southern United States*Southern States Cooperative*The independent states of the South in the North-South divide*The independent states of the Southern hemisphere...

 of the United States of America in which any non-White voter was prohibited from participating. White primaries were found in many Southern States after 1890 about until 1944. The United States Supreme Court initially held that the white primary was constitutional, but only nine years later, decided that the white primary did violate the Constitution. There had been no change in the text of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 in the interim. The abrupt reversal of course by the Supreme Court led a dissenting Justice to remark that a decision like Smith v. Allwright
Smith v. Allwright
Smith v. Allwright , 321 U.S. 649 , was a very important decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Democratic Party's use of all-white primaries in Texas, and other states where the party used the...

 "tends to bring adjudications of this tribunal into the same class as a restricted railroad ticket, good for this day and train only."

Establishment and significance of white primaries

The use of white primaries were first used by Southern Democratic Parties
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 in the late 19th century. Since the South was virtually a one-party system with Democrats being the dominant party, exclusion from the primaries was a de facto exclusion from the decision-making process. The white primaries were made law in many states in a "selectively inclusive" system that stated that only whites might vote in the primaries—or by legally considering the general election as the only state-held election and giving the party control of the decision-making process within the party.

Legal challenges

The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

 had begun to challenge white primaries in the 1920s, but didn't get much traction until a 1923 Texas law was passed. The Texas law explicitly banned African-Americans from participating in Democratic Party primaries. This was the specific constitutional violation that the ACLU chose to base its main case upon.

The ACLU challenge to the Texas law was eventually heard before the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

 under the title Smith v. Allwright
Smith v. Allwright
Smith v. Allwright , 321 U.S. 649 , was a very important decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Democratic Party's use of all-white primaries in Texas, and other states where the party used the...

. The Supreme Court decided in 1944 that white primaries were unconstitutional.

After Smith v. Allwright

The ACLU success in Smith v. Allwright only specifically applied to the Texas law. However, most states ended their selectively inclusive white primaries. Tens of thousands of African-Americans registered to vote with the end of white primaries. However, many states still used many discriminatory practices including grandfather clause
Grandfather clause
Grandfather clause is a legal term used to describe a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations. It is often used as a verb: to grandfather means to grant such an exemption...

s, poll taxes, and literacy tests to keep African-Americans from voting.

See also

  • Suffrage
    Suffrage
    Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...

  • Civil Rights Act of 1964
    Civil Rights Act of 1964
    The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...

  • Voting Rights Act
    Voting Rights Act
    The Voting Rights Act of 1965 is a landmark piece of national legislation in the United States that outlawed discriminatory voting practices that had been responsible for the widespread disenfranchisement of African Americans in the U.S....

  • History of the United States Democratic Party#Civil Rights Movement
  • Democratic National Convention
    Democratic National Convention
    The Democratic National Convention is a series of presidential nominating conventions held every four years since 1832 by the United States Democratic Party. They have been administered by the Democratic National Committee since the 1852 national convention...

  • Democratic National Convention of 1964
    1964 Democratic National Convention
    The 1964 Democratic National Convention was the 1964 presidential nominating convention of the Democratic Party. It took place at the Atlantic City Convention Center in Atlantic City, New Jersey from August 24 to 27, 1964. Incumbent President Lyndon B. Johnson -- who had been Vice President under...

  • Democratic National Convention of 1968
  • Fannie Lou Hamer
    Fannie Lou Hamer
    Fannie Lou Hamer was an American voting rights activist and civil rights leader....

  • Solid South
    Solid South
    Solid South is the electoral support of the Southern United States for the Democratic Party candidates for nearly a century from 1877, the end of Reconstruction, to 1964, during the middle of the Civil Rights era....

  • Tantamount to election
    Tantamount to election
    "Tantamount to election" is a phrase to describe a situation in which one political party so dominates the demographics of a voting district, that the person winning the party nomination for a race will virtually be assured of winning the general election...

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