Voting Rights Act

The Voting Rights Act of 1965 is a milestone in the long fight to ensure all Americans access to the ballot box. For nearly two centuries before President Lyndon Johnson signed this legislation, most African Americans were disenfranchised by law, force, or trickery. Starting in 1965, the U.S. Justice Department gained special authority to enforce minority voting rights, including the use of a Section 5 provision to review, in advance, any changes in election rules in states or districts with a proven history of discrimination. Where poll taxes, literacy tests and sheer terror once kept them from the polls, African Americans gained unprecedented citizen clout. Black interests and candidates gained new representation, and decades later high African American turnout helped elect and re-elect Barack Obama as the first black president of the United States. more...

The Voting Rights Act was a monumental achievement of the modern struggle for racial equality in the United States. After legislators from both parties passed the law in 1965, sustained implementation was enabled by broad bipartisan support. Congress has renewed and strengthened the act several times, sometimes pushing into territory the Supreme Court was reluctant to sanction. The most recent reauthorization in 2006 was strongly supported by President George W. Bush, and by many Republicans as well as Democrats in Congress.

But the long stretch of broad support is at an end. During arguments in a 2009 case before the Supreme Court, both Chief Justice John Roberts and Justice Anthony Kennedy expressed concern that the act’s enforcement authority may have outlived its utility. Their skepticism was directed at Section 5, which authorizes the Department of Justice to block changes in election rules in states designated for special scrutiny because of their history of legalized racial discrimination. Since 2009, state Republican leaders have swelled the chorus of doubters.

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On March 14, 2012, Pennsylvania’s Republican Governor Tom Corbett signed into law his state’s version of strict voter ID rules that require voters to present a dated, government-issued form of photo identification before they enter the voting booth. Tens of thousands of Pennsylvanians who believe they have the right to vote—many of whom have voted regularly—found themselves checking to see if they have correct documentation. If not, they would need to make time to get to government offices, often inconveniently located and open at limited hours.

Every American citizen has the right to vote—or so most of us assume, thinking the issue was finally settled by the Civil Rights struggles of the 1960s. But a fresh struggle has erupted, as states impose new rules in the name of fighting “voter fraud” and civil rights advocates point to “voter suppression” threatening hard-won democratic rights. What are the new rules at issue—and are critics correct to suggest that they have a discriminatory impact? more...