Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
    • First Ladies
    • Signers of the U.S. Constitution
    • Signers of the Declaration of Independence
    • Delegates of the U.S. Constitution
    • Misc – Great American Bios
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

August 21, 2025 | SCOTUS Allows Termination of Dept of Education Employees

Harper v Virginia Board of Elections – Poll Tax Violated Equal Protection Clause

Historical

In Harper v Virginia Board of Elections, 383 U.S. 663 (1966), the U.S. Supreme Court banned the use of poll taxes in state elections. According to the Court, a Virginia law imposing a poll tax of $1.50 ran afoul of theequal protection clause of the14th Amendment.

Facts of Harper v Virginia Board of Elections

Annie E. Harper filed suit against the Virginia State Board of Elections after she was unable to register without having to pay a poll tax. While the 24th Amendment prohibited poll taxes in federal elections, five states continued to require poll taxes for voters in state elections.

The three-judge District Court dismissed the complaint, citing the Supreme Court’s decision in Breedlove v. Suttles,302 U. S. 277 (1937). In that case, the Court held that the exaction of payment of poll taxes before registration as an aid to collection was a use of the State’s power consistent with the U.S. Constitution.

Majority Decision inHarper v Virginia Board of Elections

By a vote of 6-3, the Court reversed. Justice William O. Douglas wrote on behalf of the majority.

According to the majority, “a state violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution whenever it makes the affluence of the voteror payment of any fee an electoral standard. Voter qualifications have norelation to wealth.” The Court’s ruling expressly overruled its ownprecedent in Breedlove v. Suttles.

In reaching its decision, the Court emphasized that fee payments or wealth, like race, creed, or color, are unrelated to the citizen’s ability to participate intelligently in the electoral process. “[W]ealth or fee paying has, in our view, no relation to voting qualifications; the right to vote is too precious, too fundamental to be so burdened or conditioned,” Justice Douglas explained.

Dissent in Harper v Virginia Board of Elections

Justice John Marshall Harlan II authored a dissent, which was joined by Justice Potter Stewart. Justice Harlan noted that the Court had previously permitted certain forms of discriminatory voting qualifications provided that it was rational. In this case, he argued that the poll tax was rational because Virginia was seeking to collect revenue and believed that citizens who paid to vote would have a more vested interest in influencing the state’s policies. In his dissent, Justice Hugo Black argued that the doctrine of stare decisis prohibited the Court from striking down the law.

Previous Articles

Divided Court Allows President to Fire Agency Officials
by DONALD SCARINCI on August 21, 2025

In Trump v. Wilcox, 605 U.S. ____ (2025), the U.S. Supreme Court granted the Trump Administration...

Read More
SCOTUS Grants Death Row Inmate New Trial in Glossip v. Oklahoma
by DONALD SCARINCI on

In Glossip v. Oklahoma, 604 U.S. ____ (2025), the U.S. Supreme Court granted death row inmate Richa...

Read More
SCOTUS Allows Termination of Dept of Education Employees
by DONALD SCARINCI on

In McMahon v. New York, 606 U.S. ____ (2025), the U.S. Supreme Court agreed to stay a district cour...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • Supreme Court Pauses Order Reinstating CPSC Commissioners
  • Divided Court Allows President to Fire Agency Officials
  • SCOTUS Grants Death Row Inmate New Trial in Glossip v. Oklahoma
  • SCOTUS Clarifies Bruen in Upholding Federal Gun Law

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards


Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising