Notre Dame Law Review Volume 45 | Issue 1 Article 2 6-1-1971 English Literacy: Legal Sanction for Discrimination Arnold H. Leibowitz Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation Arnold H. Leibowitz, English Literacy: Legal Sanction for Discrimination, 45 Notre Dame L. Rev. 7 (1969). Available at: http://scholarship.law.nd.edu/ndlr/vol45/iss1/2 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. ENGLISH LITERACY: LEGAL SANCTION FOR DISCRIMINATION Arnold H. Leibowitz* I. Introduction Recently the United States Supreme Court decided two cases which brought to the fore the complex question of the degree of political participation per- mitted non-English-speaking persons in the United States. The first, Katzenbach v. Morgan,' sustained the constitutionality of section 4(e) of the Voting Rights Act of 19652 - legislation which had invalidated state English literacy tests applied to individuals who had acquired a sixth grade education in American schools where English was not the language of instruction. The second, Cardona v. Power,' questioned, without deciding, the constitutionality of English literacy tests applied to a person literate in another language. These two cases discussed only one area of American public life - voting where participation is legally dependent upon knowledge of the English language. Similar statutory prescriptions are found elsewhere covering access to, or opera- tions of, schools, businesses, public offices, and various governmental operations.