preview

The Voting Rights Act Of 1965

Decent Essays

In 2013, the Supreme Court decided to gut the Voting Rights Act of 1965 in Shelby County v. Holder by deciding Section 4(b) of the Voting Rights Act is unconstitutional. The Voting Rights Act was meant to prevent historically discriminatory states from passing discriminatory voting laws. The purpose was to end racial discrimination in voting. Section 4(b) lays out the formula for which these states are selected. Basically, if the state had a history of restricting votes through tests or other means, their voting laws would be subject to review. The constitutionality of this section, as well as Section 5, was brought into question in Shelby County v. Holder. The Supreme Court was essential in settling this dispute because it is the only branch with the power of judicial review. If the legislative or executive branch do something and it is questionable as to whether the action is constitutional or not, the Supreme Court has the final say. Because the Voting Rights Act’s constitutionality was questioned, it was up to the Supreme Court to decide whether or not it was. The majority opinion stated that Section 5 is constitutional, but that Section 4(b) is unconstitutional. They argued that it is unconstitutional because times have changed since 1965 when the Voting Rights Act was enacted, and because it does not treat all states equally. This decision form the Court was the wrong decision and both of these claims from the majority opinion are easily refuted. First of all, as the

Get Access