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The Voting Rights Act of 1965 achieved what two constitutional amendments and three civil rights acts could not: giving African Americans in the South access to the ballot free from restriction or intimidation. The most exhaustive treatment of elections and race in the region in sixty years, The Triumph of Voting Rights in the South explores the impact of that landmark legislation and highlights lingering concerns about minority political participation. In this state-by-state assessment, Charles S. Bullock III and Ronald Keith Gaddie show how minorities have become politically empowered thanks to the act—particularly its Section 5 provision, which requires jurisdictions that have had low levels of minority voting to obtain federal clearance before altering election laws. Blending data and anecdote, the authors demonstrate how minority participation in politics has improved as measured by voter registration and turnout, election of African Americans to political office, and minorities’ success in electing preferred candidates. Eleven southern states are discussed, including Arkansas and Tennessee, where Section 5 was not implemented, and Florida and Texas, where the act takes into account Latino participation. Concluding chapters offer a comparative assessment of voting rights progress across the South, explore the political by-products of the act, and analyze the 2008 election of President Barack Obama in light of wider access to the polls. The authors also discuss whether Section 5, set to expire in 2031, will be needed any longer. Political scientists, historians, students, and all those interested in southern politics and minority voting rights will find this study rich in information and insight as it shows how race and party interact in the modern South.
Why it's time to enshrine the right to vote in the Constitution Throughout history, too many Americans have been disenfranchised or faced needless barriers to voting. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress’s ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all. Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at election subversion like the one we witnessed in the aftermath of the 2020 presidential election. The path to a constitutional amendment is undoubtedly hard, especially in these polarized times. A Real Right to Vote explains what’s in it for conservatives who have resisted voting reform and reveals how the pursuit of an amendment can yield tangible dividends for democracy long before ratification.
The Voting Rights Act (VRA) was successfully challenged in a June 2013 case decided by the U.S. Supreme Court in Shelby County, Alabama v. Holder. The suit challenged the constitutionality of Sections 4 and 5 of the VRA, under which certain jurisdictions with a history of racial discrimination in voting-mostly in the South-were required to "pre-clear" changes to the election process with the Justice Department (the U.S. Attorney General) or the U.S. District Court for the District of Columbia. The preclearance provision (Section 5) was based on a formula (Section 4) that considered voting practices and patterns in 1964, 1968, or 1972. At issue in Shelby County was whether Congress exceeded its constitutional authority when it reauthorized the VRA in 2006-with the existing formula-thereby infringing on the rights of the states. In its ruling, the Court struck down Section 4 as outdated and not "grounded in current conditions." As a consequence, Section 5 is intact, but inoperable, unless or until Congress prescribes a new Section 4 formula.
In recent years, few federal requirements have been as controversial as the mandate for what critics call 'bilingual ballots'. The Voting Rights Act of 1965 included a permanent requirement for language assistance for Puerto Rican voters educated in Spanish and ten years later Congress banned English-only elections in certain covered jurisdictions, expanding the support to include Alaska Natives, American Indians, Asian-language voters and Spanish-language voters. Some commentators have condemned the language assistance provisions, underlying many of their attacks with anti-immigrant rhetoric. Although the provisions have been in effect for over three decades, until now no comprehensive study of them has been published. This book describes the evolution of the provisions, examining the evidence of educational and voting discrimination against language minorities covered by the Act. Additional chapters discuss the debate over the 2006 amendments to the Voting Rights Act, analysis of objections raised by opponents of bilingual ballots and some of the most controversial components of these requirements, including their constitutionality, cost and effectiveness. Featuring revealing case studies as well as analysis of key data, this volume makes a persuasive and much-needed case for bilingual ballots, presenting a thorough investigation of this significant and understudied area of election law and American political life.