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Civil rights

2008

Allison Hayward

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Full-Text Articles in Law

What Is An Unconstitutional "Other Tax" On Voting? Construing The Twenty-Fourth Amendment, Allison Hayward Sep 2008

What Is An Unconstitutional "Other Tax" On Voting? Construing The Twenty-Fourth Amendment, Allison Hayward

Allison Hayward

This Article looks closely at the 24th Amendment and the origin and application of “poll tax or other tax” (meant here to include any form of tax, fee or charge imposed as a precondition to voting), the history of anti-poll tax reform, the intended scope of such reforms, and suggest a way to decide what voting prerequisites could be unconstitutional “poll taxes.” The analysis in this Article isolates the question of defining “poll tax or other tax” under the 24th Amendment from what constitutes a severe burden or a “reasonable” requirement in equal protection doctrine. The 24th Amendment should be ...