In the case of Carr v. Hamilton, the Supreme Court of the United States was asked to decide whether a state could constitutionally require a person to pay a fee in order to vote in a primary election. The case arose when the state of Georgia passed a law requiring a fee of $1.00 to be paid in order to vote in a primary election. The plaintiff, Carr, argued that the fee was unconstitutional because it violated the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court held that the fee was unconstitutional because it imposed an additional burden on the right to vote. The Court reasoned that the fee was not necessary to prevent fraud or to ensure the integrity of the election process, and that it was not related to any legitimate state interest. The Court also noted that the fee was not applied equally to all voters, as it was only imposed on those who wished to vote in the primary election. The Court concluded that the fee was an unconstitutional burden on the right to vote, and that it violated the Equal Protection Clause of the Fourteenth Amendment. As a result, the Court struck down the fee as unconstitutional.

In the Supreme Court case of Carr v. Hamilton, Justice Harlan delivered a dissenting opinion in which he argued that the majority's decision was wrongfully based on an interpretation of state law rather than federal constitutional principles. He believed that the Fourteenth Amendment to the Constitution protected African Americans from discrimination and should have been applied in this case. Furthermore, he argued that it was not necessary for Congress to pass legislation specifically prohibiting racial discrimination in order to protect African American rights; instead, they could rely on existing laws such as those found within the Fourteenth Amendment itself. Finally, Justice Harlan concluded by stating his belief that if Congress had intended for states to be able to discriminate against African Americans then they would have explicitly stated so when passing relevant legislation or amending existing laws.