Part Of The Jaybird Democratic Association example essay topic

Terry vs. Adams (1953) A group of black Americans in Fort Bend County, Texas are suing the Jaybird Democratic Association. They are suing because blacks are not allowed to be a part of the Jaybird Democratic Association. The Jaybird Democratic Association was organized in 1889. The association indorsed the democratic primary for the county office.

The organization does not allow blacks to be in it. The balloting is only open to the white public that is qualified to vote. The Negroes were granted a declaratory judgment that Negroes be allowed to have a say in the association by the District Court. Then that judgment was overturned by the Court of Appeals because the association was not an "action under color of state law".

In the Supreme Court the evidence showed that all rules of the association are made by its members or by the Executive Committee. To be a member the rules say that you have to be part of the white voting population. In the beginning of May of every election year they hold the Jaybird primaries. The costs of all aspects of the primaries are paid for by the Jaybird Democratic Association.

The rule of the election follows the state laws pertaining to primaries. Ever since the organization was created the person indorsed by the Jaybirds almost always wins. In fact most of the time the only Democratic candidates in the election are the Jaybirds. The continuous success over such a period of time has been the result of action by practically the entire qualified electorate of the county, barring Negroes. The issues is whether the Jaybird Democratic Association of Fort Bend County, Texas, by excluding Negroes from its primaries, has denied to Negro citizens of the county a right to vote secured by the Fifteenth Amendment.

The Court decided that the Democratic Party can not prohibited a race of people from being part of their party. They decided that even though they pay for everything out of their pocket they are still a political party whose activities fall within the Fifteenth Amendment. That means that the Jaybird Democratic Association does not have the right to not allow Negroes to be a part of the association. The only dissenting opinion was that of Justice Minton. He feels that Justice Black would have the court redress the wrong even if it was individual action alone. He also thinks that Justice Frankfurter recognizes that it must be state action, but he seems to think it is enough to constitute state action if a state official participates in the Jaybird primary.

Finally Justice Clark seems to recognize that state action must be shown. He finds state action in assumption, not in facts Justice Minton feels that there is no compulsion upon a person who receives he endorsement of the Jaybird Democratic Association of Fort Bend County, Texas for a particular office to run for that office or any other office. In the event such indore of the association does desire to run for such office, he may do so but if he does so run for such office, he must himself file his application with the Executive Chairman or Committee of the Democratic Party for the position on the Democratic Party ballot for the July primary of such Democratic Party, and must himself pay the fee as provided by law. Justices Clark, Reed, and Jackson had concurring opinion. They all thought that the issue is whether the Jaybird Democratic Association of Fort Bend County, Texas, by excluding Negroes from its primaries, has denied to Negro citizens of the county a right to vote secured by the Fifteenth Amendment. The court made the right decision in making the Jaybird Democratic Association allow Negroes to be a part of the organization.

It is the right decision because nobody should have the right to not allow a specific race to be part of its group. In the case of Brown vs. the Board of Education the Supreme Court found that the Board of Education was not allowed to separate people due to race. So in the case involving the Jaybird Association the Court had to make the association allow blacks in The Jaybird Democratic Association.