4
BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE
KAGAN, J., dissenting
1855, on the precipice of the Civil War, only five States permitted African Americans to vote. Id., at 55. And at the
federal level, our Court’s most deplorable holding made
sure that no black people could enter the voting booth. See
Dred Scott v. Sandford, 19 How. 393 (1857).
But the “American ideal of political equality . . . could not
forever tolerate the limitation of the right to vote” to whites
only. Mobile v. Bolden, 446 U. S. 55, 103–104 (1980) (Marshall, J., dissenting). And a civil war, dedicated to ensuring
“government of the people, by the people, for the people,”
brought constitutional change. In 1870, after a hard-fought
battle over ratification, the Fifteenth Amendment carried
the Nation closer to its founding aspirations. “The right of
citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of
race, color, or previous condition of servitude.” Those words
promised to enfranchise millions of black citizens who only
a decade earlier had been slaves. Frederick Douglass held
that the Amendment “means that we are placed upon an
equal footing with all other men”—that with the vote, “liberty is to be the right of all.” 4 The Frederick Douglass Papers 270–271 (J. Blassingame & J. McKivigan eds. 1991).
President Grant had seen much blood spilled in the Civil
War; now he spoke of the fruits of that sacrifice. In a selfdescribed “unusual” message to Congress, he heralded the
Fifteenth Amendment as “a measure of grander importance
than any other one act of the kind from the foundation of
our free Government”—as “the most important event that
has occurred since the nation came into life.” Ulysses S.
Grant, Message to the Senate and House of Representatives
(Mar. 30, 1870), in 7 Compilation of the Messages and Papers of the Presidents 1789–1897, pp. 55–56 (J. Richardson
ed. 1898).
Momentous as the Fifteenth Amendment was, celebration of its achievements soon proved premature. The
Amendment’s guarantees “quickly became dead letters in
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