United States v. Classic
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United States v. Classic 313 U.S. 299
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (1941) was a decision by the United States Supreme Court that 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...

 empowered Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 to regulate primary elections and political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

 nominations procedures—but only in cases where state law made primaries and nominations part of the election and/or whenever the primary effectively determined the outcome of the election.

Many observers assumed that the court had already ruled in Newberry v. U.S., 256 U.S. 232
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...

 (1921), that primary elections could not be regulated under the powers granted to Congress under Article I, Sec. 4 of the Constitution. But writing for the majority, Justice Harlan Fiske Stone
Harlan Fiske Stone
Harlan Fiske Stone was an American lawyer and jurist. A native of New Hampshire, he served as the dean of Columbia Law School, his alma mater, in the early 20th century. As a member of the Republican Party, he was appointed as the 52nd Attorney General of the United States before becoming an...

 argued that the Newberry court had been deeply divided on the issue and no majority had ruled one way or the other. Utilizing the reasoning by Chief Justice Edward Douglass White
Edward Douglass White
Edward Douglass White, Jr. , American politician and jurist, was a United States senator, Associate Justice of the United States Supreme Court and the ninth Chief Justice of the United States. He was best known for formulating the Rule of Reason standard of antitrust law. He also sided with the...

 and Justice Mahlon Pitney
Mahlon Pitney
Mahlon Pitney was an American jurist and Republican Party politician from New Jersey, who served in the United States Congress and as an Associate Justice of the United States Supreme Court.-Biography:...

 in their concurrent opinions in Newberry, Stone argued that the Constitution's protection of the right to vote cannot be effectively exercised without reaching to primary elections and/or political party nominating procedures.

In a "diffident" dissent, Justice William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...

agreed that the Constitution gives the Congress the right to regulate primaries, but concluded that the U.S. criminal code did not explicitly outlaw the actions in question. "It is not enough for us to find in the vague penumbra of a statute some offense about which Congress could have legislated, and then to particularize it as a crime because it is highly offensive," Douglas wrote. "Sec. 19 does not purport to be an exercise by Congress of its power to regulate primaries."

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