of the community. And a cross-section of the
community includes persons with varying degrees of training and
intelligence and with varying economic and social positions. Under our
Constitution, the jury is not to be made the representative of the most
intelligent, the most wealthy or the most successful, nor of the least
intelligent, the least wealthy or the least successful. It is a
democratic institution, representative of all qualified classes of
people. * * * To the extent that a 'blue ribbon' panel fails to reflect
this democratic principle, it is constitutionally defective."

[1217] 112 U.S. 94, 102 (1884).

[1218] W.G. Rice, Esq., Jr., University of Wisconsin Law School, The
Position of the American Indian in the Law of the United States, 16
Journal of Comp. Leg. 78, 80 (1934).

[1219] 39 Op. Atty. Gen. 518, 519.

[1220] 46 Stat. 26; 55 Stat. 761; 2 U.S.C.A. Sec. 2a (a).

[1221] Cong. Rec., 77th Cong., 1st sess., vol. 87, p. 70, January 8,
1941.

[1222] McPherson _v._ Blacker, 146 U.S. 1 (1892); Ex parte Yarbrough,
110 U.S. 651, 663 (1884).

[1223] Saunders _v._ Wilkins, 152 F. (2d) 235 (1945); certiorari denied,
328 U.S. 870 (1946); rehearing denied, 329 U.S. 825 (1946).

[1224] Saunders _v._ Wilkins, 152 F. (2d) 235, 237-238, citing
Willoughby, Constitution, 2d ed., pp. 626, 627.

[1225] Legislation by Congress providing for removal was necessary to
give effect to the prohibition of section 3; and until removed in
pursuance of such legislation, the exercise of functions by persons in
office before promulgation of the Fourteenth Amendment was not unlawful.
(Griffin's Case, 11 Fed. Cas. No. 5815 (1869)). Nor were persons who had
taken part in the Civil War and had been pardoned therefor by the
President before the adoption of this Amendment precluded by this
section from again holding office under the United States. (18 Op. Atty.
Gen. 149 (1885)).

The phrase, "engaged in Rebellion" has been construed as implying a
voluntary effort to assist an insurrection and to bring it to a
successful termination; and accordingly as not embracing acts done under
compulsion of force or of a well grounded fear of bodily harm. Thus,
while the mere holding of a commission of justice of the peace under the
Confederate government was not viewed as involving, of itself,
"adherence or countenance to the Rebellion," action by such officer in
furnishing a substitute for himself to the Confederate Army amounted to
such part