It is still in the power of the States to apply any one of these tests or all of them, if willing to hazard the penalty prescribed in the Fourteenth Amendment.

But it is not probably that any one of these tests will ever be applied.

Nor were they seriously taken into consideration when the Fourteenth Amendment was proposed by Congress.
Its prime object was to correct the wrongs which might be enacted in the South, and the correction proposed was direct and unmistakable; viz., that the Nation would exclude the negro from the basis of apportionment wherever the State should exclude him from the right of suffrage.
When therefore the nation by subsequent change in its Constitution declared that the State shall not exclude the negro from the right of suffrage, it neutralized and surrendered the contingent right before held, to exclude him from the basis of apportionment.

Congress is thus plainly deprived by the Fifteenth Amendment of certain powers over the representation in the South, which it previously possessed under the provisions of the Fourteenth Amendment.

Before the adoption of the Fifteenth Amendment, if a State should exclude the negro from suffrage, the next step would be for Congress to exclude the negro from the basis of apportionment.