Also known as:disparate treatment tests · disparate treatment
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional standard requiring extraordinary justification whenever Congress subjects some states but not others to federal preclearance or oversight requirements. The standard rests on the Tenth Amendment and principles of equal sovereignty among the states. Reliance on decades-old data fails to supply the necessary justification under the Fifteenth Amendment enforcement power.
Sources & Authorities
How it applies
Common Examples
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Outdated Coverage Formula Challenged
State A must submit changes to mall-based voter kiosks for federal preclearance under a statute that designates covered jurisdictions solely by 1970s turnout statistics. Pinnacle Mall plans kiosk upgrades to improve access but faces delays and administrative costs that non-covered states avoid. Recent data show comparable retail voting gaps in non-covered states. The coverage formula lacks current evidence of unique need in State A and therefore violates equal sovereignty.
Selective Oversight Statute Enacted
Congress enacts a voting statute that imposes preclearance only on certain states using 1960s registration data. State B must obtain federal approval before altering any election procedure while neighboring states face no such requirement. State officials and a voting-rights group challenge the law, citing current turnout statistics that show no distinctive need. The statute cannot survive the extraordinary-justification requirement demanded by equal sovereignty.
Put it into practice
Test Yourself
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Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Study Supplements
Common questions
Frequently Asked
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What must Congress show to justify treating some states differently from others under federal voting legislation?+
Congress must demonstrate extraordinary justification supported by current evidence. Outdated coverage formulas relying on decades-old data do not satisfy the requirement. The Tenth Amendment and equal sovereignty principles demand that any disparate treatment of states rest on contemporary findings of need.
Supporting sources
Does the disparate treatment test apply only to voting preclearance statutes?+
The test originates in the Fifteenth Amendment context but reflects the broader principle that Congress may not impose unequal burdens on states without strong justification. The same equal sovereignty concerns arise whenever federal law singles out some states for special oversight requirements.
Supporting sources
How does the test interact with the Fifteenth Amendment enforcement power?+
The enforcement power permits prophylactic legislation only when it is congruent and proportional to identified constitutional violations. Stale data cannot supply the extraordinary justification needed to subject selected states to ongoing federal oversight while leaving others unregulated.
Supporting sources
Real PropertyRights in real property · Restrictive covenantsNEXTGENFoundational