Voting Rights Act of 1965
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote under the Fifteenth Amendment to the United States Constitution.
Background
The necessity for this act arose from the systematic disenfranchisement of African Americans through various means like literacy tests, poll taxes, and outright intimidation and violence. Despite the passage of the Civil Rights Act of 1964, voting discrimination persisted, particularly in the South.
Key Provisions
- Section 2: Prohibits any voting practice or procedure that discriminates on the basis of race, color, or membership in a language minority group.
- Section 5: Initially required certain states and jurisdictions to obtain federal preclearance before enacting any changes to their voting laws or practices. This was intended to ensure that such changes did not have a discriminatory effect. However, in 2013, the Shelby County v. Holder Supreme Court decision effectively nullified this preclearance requirement.
- Sections 4(b) and 5: These sections together established the "coverage formula" to determine which jurisdictions needed to preclear voting changes. This was also struck down by the Shelby County v. Holder decision.
- Language Minority Provisions: These sections require bilingual ballots and voting materials in certain areas where more than 5% of the voting-age citizens belong to a single language minority group with limited English proficiency.
Impact
The Voting Rights Act of 1965 had a profound impact:
- It led to a significant increase in voter registration and turnout among African Americans and other minority groups.
- It has been credited with dismantling the legal obstacles to voting for minorities, particularly in the South.
- The Act has been amended several times to extend its protections and adapt to new forms of voting discrimination.
Challenges and Amendments
Over time, several court cases have tested the boundaries and constitutionality of the Act:
- In 1970, the Act was extended and amended to cover other language minorities.
- The 1975 amendments extended protections to "language minorities," adding Asian Americans, Native Americans, and Alaskan Natives to the list of protected groups.
- The 1982 amendment extended Section 2 to cover all jurisdictions, not just those covered by Section 5, and clarified that practices could be challenged if they had a discriminatory effect, not just intent.
- The 2006 reauthorization extended the Act for another 25 years, but key parts were struck down by the Shelby County v. Holder decision in 2013.
Current Status
While the preclearance requirement under Section 5 was invalidated, the rest of the Act remains in force. There have been calls for new legislation to restore or replace the preclearance mechanism, but as of now, no such comprehensive law has been enacted.
External Links
See Also