Evans v. Cornman
Encyclopedia
Evans v. Cornman, 398 U.S. 419 (1970) was a United States Supreme Court case, which ruled that to deny people living in federal enclave
s the right to vote is a violation of their right to Equal Protection
under the Fourteenth Amendment
.
, Section 8, Clause 18, allows Congress "to exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."
The rights of residents of such federal enclaves was argued in Howard v. Commissioners of Sinking Fund of Louisville, wherein the residents of an enclave sued to be exempted from certain taxation by the City of Louisville, arguing that the annexation of the enclave by the city violated the "exclusive legislation" clause and the city's claim to the area was unconstitutional. This was rejected and it was ruled that the enclaves continue to be part of the states of which they were a part and that "A state may conform its municipal structures to its own plan, so long as the state does not interfere with the exercise of jurisdiction within the federal area by the United States."
In 1963, a Maryland Appeals Court ruled in Royer v. Board of Election Supervisors, that residents of federal jurisdictions were not entitled to vote in Maryland.
was purchased for the National Cancer Institute
in the 1930s and was officially made a US jurisdiciton in 1953. Both before and after the cession of the land, residents of the complex registered and voted in Montgomery County without incident. Then, in October, 1968, the Permanent Board of Registry of Montgomery County, Maryland
, citing Royer v. Board of Elections Supervisors, announced that persons living on the National Institutes of Health
(NIH) federal reservation or enclave located within its geographical boundaries did not meet the residency requirement of Art. 1, 1, of the Maryland Constitution
. These people were therefore not qualified to vote as residents of Maryland. Several residents of the enclave sued the Permanent Board, requesting that a three-judge Federal District Court be convened to enjoin as unconstitutional this application of the Maryland voter residency law.
The Federal District Court issued a temporary injunction allowing residents to vote in the 1968 elections. In the actual argument of the case, the District Court held that to deny the residents the right to vote was to deny them equal protection of the laws, whereafter the case was appealed to the Supreme Court.
The Supreme court, in a decision written by Justice Marshall
, joined by justices Black
, Douglas
, Harlan
, Brennan, Stewart
, White
, and Chief Justice
Burger, ruled that as the precedent of Howard v. Commissioners indicated, the NIH complex was part of Maryland and its residents, counted as residents of Maryland in every other way and having substantial interest in the governance of the enclave, as it was subject the legislation of the state and county, could not be denied the vote without violating their constitutional right to equal protection. Justice Blackmun
did not take part and there were no dissensions or concurrences.
, Mobile v. Bolden
, Whatley v. Clark, Dunn v. Blumstein, etc.). The case has recently been cited in arguments in favor of national representation for the District of Columbia.
Federal enclave
In United States law, a "federal enclave" is a parcel of federal property within a state that is under the "Special Maritime and Territorial Jurisdiciton of the United States." As of 1960, the latest comprehensive inquiry, only seven percent of federal property had enclave status, of which four...
s the right to vote is a violation of their right to Equal Protection
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
Prior History
Article One of the United States ConstitutionArticle One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
, Section 8, Clause 18, allows Congress "to exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings."
The rights of residents of such federal enclaves was argued in Howard v. Commissioners of Sinking Fund of Louisville, wherein the residents of an enclave sued to be exempted from certain taxation by the City of Louisville, arguing that the annexation of the enclave by the city violated the "exclusive legislation" clause and the city's claim to the area was unconstitutional. This was rejected and it was ruled that the enclaves continue to be part of the states of which they were a part and that "A state may conform its municipal structures to its own plan, so long as the state does not interfere with the exercise of jurisdiction within the federal area by the United States."
In 1963, a Maryland Appeals Court ruled in Royer v. Board of Election Supervisors, that residents of federal jurisdictions were not entitled to vote in Maryland.
Case
Land in Montgomery County, MarylandMontgomery County, Maryland
Montgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate...
was purchased for the National Cancer Institute
National Cancer Institute
The National Cancer Institute is part of the National Institutes of Health , which is one of 11 agencies that are part of the U.S. Department of Health and Human Services. The NCI coordinates the U.S...
in the 1930s and was officially made a US jurisdiciton in 1953. Both before and after the cession of the land, residents of the complex registered and voted in Montgomery County without incident. Then, in October, 1968, the Permanent Board of Registry of Montgomery County, Maryland
Montgomery County, Maryland
Montgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate...
, citing Royer v. Board of Elections Supervisors, announced that persons living on the National Institutes of Health
National Institutes of Health
The National Institutes of Health are an agency of the United States Department of Health and Human Services and are the primary agency of the United States government responsible for biomedical and health-related research. Its science and engineering counterpart is the National Science Foundation...
(NIH) federal reservation or enclave located within its geographical boundaries did not meet the residency requirement of Art. 1, 1, of the Maryland Constitution
Maryland Constitution
The current Constitution of the State of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been...
. These people were therefore not qualified to vote as residents of Maryland. Several residents of the enclave sued the Permanent Board, requesting that a three-judge Federal District Court be convened to enjoin as unconstitutional this application of the Maryland voter residency law.
The Federal District Court issued a temporary injunction allowing residents to vote in the 1968 elections. In the actual argument of the case, the District Court held that to deny the residents the right to vote was to deny them equal protection of the laws, whereafter the case was appealed to the Supreme Court.
The Supreme court, in a decision written by Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, joined by justices Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, Douglas
William Douglas
-of Douglas:*William Douglas, 1st Earl of Douglas *William Douglas, 6th Earl of Douglas *William Douglas, 8th Earl of Douglas -of Angus:*William Douglas, 2nd Earl of Angus -of Douglas:*William Douglas, 1st Earl of Douglas (c. 1327–1384)*William Douglas, 6th Earl of Douglas (1425–1440)*William...
, Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
, Brennan, Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
, White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, and Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Burger, ruled that as the precedent of Howard v. Commissioners indicated, the NIH complex was part of Maryland and its residents, counted as residents of Maryland in every other way and having substantial interest in the governance of the enclave, as it was subject the legislation of the state and county, could not be denied the vote without violating their constitutional right to equal protection. Justice Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
did not take part and there were no dissensions or concurrences.
Subsequent History
Evans v. Cornman is often cited, usually among other precedents, in cases concerning violations of the 14th Amendment as it pertains to voting rights and representation, especially in cases concerning residency requirements (Oregon v. MitchellOregon v. Mitchell
Oregon v. Mitchell, 400 U.S. 112 , was a case in the USA in which the Supreme Court of the United States held that states could set their own age limits for state elections....
, Mobile v. Bolden
Mobile v. Bolden
Mobile v. Bolden, 446 U.S. 55 , was a case in which the Supreme Court of the United States held that electoral districts must be drawn without racially discriminatory intent to warrant constitutional protection. In Gomillion v...
, Whatley v. Clark, Dunn v. Blumstein, etc.). The case has recently been cited in arguments in favor of national representation for the District of Columbia.