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Hunter v. Underwood
''Hunter v. Underwood'', , was a United States Supreme Court case in which the Court invalidated the criminal disenfranchisement provision of § 182 of the Alabama Constitution as a violation of equal protection.〔Varat, J.D. et al. ''Constitutional Law Cases and Materials, Concise Thirteenth Edition.'' Foundation Press, NY: 2009, p. 574〕
== Background ==
Edwards, an African-American, and Underwood, white, were blocked from voting after presenting a worthless check. Their disenfranchisement was mandated by § 182 of the Alabama Constitution, which disenfranchised persons convicted of "any crime...involving moral turpitude."〔Varat, p. 574〕 Edward and Underwood contended that this was against amendment 14 of the US constitution, since the purpose and effect of this rule was directed against Afro-American suffrage.
This part of Alabama's constitution was worked out at a constitutional convention in 1901, and afterwards adopted by a popular referendum. The new provisions in the constitution included a long list of both felonies and misdemeanors which should lead to disenfranchisement, together with the general provision in §182. In applying this generic paragraph, the Alabama Board of Registrars consulted precedences in the Alabama state court decisions, or asked the Alabama State Attourney for an opinion.
Edward and Underwood contended that the registrar's decision to deny them suffrage was against amendment 14 of the US constitution, since the purpose and effect of this rule was directed against Afro-American suffrage.
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