It has been 52 years since the 1965 Voting Rights Act was put into action, less than a lifetime, and yet it has been easy for the American population to look away from policy changes and ramifications within the Act. Many people today, believe that everyone has the ability to vote if they are a citizen 18 or over, but this has not been the case ever, even in today’s “modern” society. Still, there is a difference between voter restriction laws before 1965, and policies in 2017. It seems as America advances into the future, these racist policies and laws have become more subtle, gerrymandering and voter id policies have become the new literacy tests that prevent black and marginalized voters from voting in recent elections. Another issue that has transpired recently is the 2013 Shelby County V. Holder, which has lifted government involvement within the Southern States, giving them the power to change voting laws as they see fit.
One of the current arguments is if the Voting Right Act is relevant and necessary in society. Yes, it is because racism still exists within the system. And yet, the act needs to be written in a way that supports voter rights more than state rights, and local government rights. You can have voters without a state, but what is a state without voters?
In order to fully understand the controversy of the Voting Rights Act, it is critical to know all of the work that was done to get the Act off of the ground, and it is also imperative to know about the
Most change can be caused by people or something with significant value. Occasionally people forget that change can also be caused by pieces of paper. The Voting Rights Act of 1965 was a law passed that primarily gave African Americans the right to vote without having to take any sort of literacy tests. African Americans were widely ignored in voting rights because they were forced to take literacy tests to be eligible to vote. Having this event in our nation’s civil rights movement was a landmark that allowed the other half of our nation’s voice to be heard. “The Voting Rights Act itself has been called the single most effective piece of civil rights legislation ever passed by Congress.”(Laney 65)
The Act has undergone several changes and additions since its passage, but the U.S. Supreme Court found a key provision of the Act unconstitutional in 2013. The act significantly widened the franchise and is considered among the most far-reaching pieces of civil rights legislation in U.S. history.” (Staff 3). In the article, Voting Rights Act, author Staff states, “The Voting Rights Act, signed into law by President Lyndon Johnson (1908-73) on August 6, 1965, aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote under the 15th Amendment (1870) to the Constitution of the United States.” (Staff 2). Even though all these efforts and laws were made to give everyone a fair and equal chance to vote, there are still many restrictions and setbacks everywhere in today 's society and the major ones are Voter ID laws, Voter registration restrictions, State felon disenfranchisement policies, Purging of Voter Rolls, Transgender Disenfranchisement, Disinformation about Voting Procedures, Inequality in Election Day Resources, and Caging Lists.
Soon after passage of the Voting Rights Act, federal examiners were conducting voter registration, and black voter registration began a sharp increase. The cumulative effect of the Supreme Court’s decisions, Congress’ enactment of voting rights legislation, and the ongoing efforts of concerned private citizens and the Department of Justice, has been to restore the right to vote guaranteed by the Fourteenth and Fifteenth Amendments. The Voting Rights Act itself has been called the single most effective piece of civil rights legislation ever passed by
“I gave a little blood on that bridge in Selma, Alabama for the right to vote. I’m not going to stand by and let the Supreme Court take the right to vote away from us [African Americans]” –John Lewis. Within 100 years, African Americans overcame many obstacles such as paying poll taxes, passing multiple tests, and violence to be able to vote. They had to pay taxes, such as poll taxes. They also had to pass multiple tests, such as the Property and Literacy tests. Violence was also an obstacle African Americans had to face in order to vote.
Nearly 100 years after the 15th amendment was ratified, vast disparities and blatant discrimination in voting process and practice were still pervasive, particularly in certain southern states like Alabama, Mississippi, and Louisiana. The 1965 Voting Rights Act (VRA) was enacted by congress to address this enduring inequity. Section 5 of the VRA requires that states meeting criteria set out in section 4(b) of the act, must obtain federal “preclearance” before enacting any laws that affect voting. Section 4(b) provides the conditions for the preclearance requirement as state or jurisdictions where less than 50% of minorities were registered to vote in 1964.
Throughout America’s history the franchise has been withheld from different groups. This has been possible due to weakly written laws that do not provide adequate protections. In 1965 PL 89-110 was passed, this law, commonly known as the Voting Rights Act of 1965, finally provided real protections for minorities living in southern states. In recent years the language of the law was modified within the Supreme Court to take away the law’s primary power. In the following mock Congressional testimony we will go back to 1848, 13 years before the American Civil War, and provide evidence of why a law like PL 89-110 is necessary and commendable.
The Voting Rights Act of 1965 prohibits voting discrimination. With the condition to receive preclearance stated in section 5 of the Act from the Department of Justice before making any changes affecting the voting process, also came four other prohibitions. The prohibition of literacy test or other similar test or devices as a prerequisite to voter registration is one prevention. The requirement of jurisdictions with significant language minority populations to provide non-English ballots and oral voting instructions is another. Third is the prohibition of vote dilution, which is the remapping of districts to suppress the minority vote. The final provision was one of the most controversial of the Act. It established the federal oversight
The defendant argued that Congress found substantial evidence of racial discrimination in voting in the jurisdictions that are covered and that even if voting dilution does not violate the 15th Amendment, it does violate the Equal Protection Clause of the 14th Amendment and therefore Congress can protect against vote dilution. Next, the plaintiff argued that the ruling in the D.C. Circuit, which would allow Congress to determine for itself the constitutional significance of the evidence, threatened to remove the limitation that Congress may enforce but not interpret the 14th and 15th Amendments and that the D.C. Circuit used to absence of discrimination to prove that the preclearance requirement is effective and still necessary. On this issue, the defendant argued that Congress correctly determined that Section 5 continues to ward off discrimination in voting that would violate the Constitution. Third, the plaintiff argued that even if preclearance is justified, the coverage formula is not rational since it is based on decades old data and also because the factors that are considered are “first generation” ballot access issues, while the Voting Rights Act is meant to defeat “second-generation problems” such as vote dilution. The defendant argued that Congress determined which jurisdictions should be covered and then engineered a formula that would cover those specific jurisdictions, so the formula is still relevant because it specifies the areas which Congress
Following the Civil War and freeing of slaves all over America a new question arose: Should black people be able to vote? Further, were they even citizens in the fullest sense? Now freed from slavery, black Americans found themselves in a political limbo where they were no longer property but not fully citizens. In an effort to extend protection from discrimination at the poll booth, an amendment to the Constitution was passed declaring it unlawful to deny voting on account of race. This amendment, however, was met with unprecedented resistance. Suppression of the black vote was just one step in preventing black Americans from being treated as citizens.
With all adversities that was overcome the right to vote remains one of the few things that makes us all equal. No matter your color, wealth, gender, and religion. We all get one vote; which is one of the many beauties of our democracy. With this right comes a great deal of responsibilities that many citizens
Up until the year 1870 African Americans could not vote in any election in American. (U.S. Voting Rights). In the past America has been making a lot of changes in our voting system’s equality. In the present, legally African Americans have the same rights as a white man does. In the future the rights will not get any better or worse. Throughout history The African American voting rights have improved to the present day and will stay the same in the near future.
Black Americans of today need to register to vote and make use of their voting rights if they want to see a change to the current state of democracy. In the
The Voting Rights Act 42 U.S.C. §§ 1973 et seq., decision is important regarding the laws governing voting rights and their relationship to minority voters. Its implication and effects however does not end within the legal realms and dimensions but continues through to society, culture, and human rights. The Voting Rights Act initially established in 1965 under Lyndon B. Johnson’s administration protected “racial minorities” from biased voting practices. It was a huge stride in the civil rights movement and a victory over harmful, archaic, and biased voting practices and traditions.
The main contemporary federal policy that will be examined is the amendments that have been made to the voting acts which empowered states to decide and make judgments on who is eligible to vote. The research will look into how this undermines the rights to vote in our modern society. In particular, the research will focus on the amendment made on the 1965 voting rights act that internationally defined eligibility of a voter with the inclusion of minority groups. A ruling made by the Supreme Court in 2013 gave power to states to determine and register eligible voters. This in my opinion, and from data collected from different articles gave states a chance to create more restrictions on voting rights. Social welfare associations think that beneficiaries of such laws have created a status quo which results in discrimination. The research will look at the impact of such contemporary policies and examine its effect on voting rights and societal perception of inequality.
Historically in America, voting has been a relatively discriminatory practice. It has limited and deprived many individuals of many diverse races, ethnicities, and walks of life from casting their votes to select the individual who they feel is most educated, and skilled to represent their interests. Not only has this been proven to be wrong by discriminating minority groups in voting, it also has proved to be a process, which minimizes the largest growing demographics in the country. Furthermore, with millennials growing to become more politically active, minority groups are becoming more politically involved than ever. Taking this into account an important question that is raised by the author William Eskridge in his book “Legislation and Statutory Interpretation” is “Would minorities be better off with more representatives who had to pay attention to their interests because they are a powerful and organized constituency, rather than with a few representatives of minority districts who specialize in protecting only their interests?” (Eskridge,Frickley,& Garrett, 2006, pp.55).