When southern states were forced to grant black suffrage, congressional Republicans proposed the 15th Amendment which banned race as a condition for voting. California ’s Democratic-controlled legislature refused to ratify the amendment. But, the amendment became law. California ’s constitution conflicted with the US Constitution. State Attorney General Joseph Hamilton instructed clerks not to enforce the amendment.
When Los Angeles County Clerk Thomas Mott refused to register Louis Green, Green sued -- the first voting rights case to be brought in the United States under the 15th Amendment. The California court ruled for Mott -- blacks could not register. Shortly thereafter, Congress adopted the Forced Laws imposing penalties on those who would not register blacks. California ’s barriers to black registration ended. County clerks obeyed the law. The will of the people of California was trumped by the will of the people of the United States .
The controversy over Proposition 8 does not currently involve the US Constitution. It focuses on the equal protection clause of California ’s constitution. Proposition 8 proponents believe that the will of the people gives them the right to amend their own constitution.
