What actually is the Voting Rights Act?

One of the major cases before the Supreme Court that could be decided today pertains to the Voting Rights Act of 1965.  In 2006, the U.S. Senate renewed the Voting Rights Act by a vote of 98-0 and the House of Representatives followed with similar large margins.  Then President Bush signed the bill into law, ensuring the Voting Rights Act would stand for another 25 years.  However, Shelby County Alabama filed suit in Shelby County v. Holder claiming Section 4(b) and 5 of the Voting Rights Act, the portions of the bill that determined the specific geographic areas of the country with stricter voting oversight, was unconstitutional.  Most people have at least heard of the Voting Rights Act, but if asked to explain what the law is or does, many would likely draw a blank.  When I posed this question to  myself, I knew the Act had to do with ensuring equal voting rights for minorities with specific focus on the South, yet I was unable to go into much detail.  So what exactly is the Voting Rights Act of 1965?

The Voting Rights Act of 1965 was a landmark piece of legislation signed into law by President Lyndon Johnson, which outlawed discriminatory voting practices that had led to widespread voter disenfranchisement by African-Americans throughout the United States.  The Act prohibits states and local governments from implementing voting qualifications or any form of prerequisites, with the specific aim at outlawing the literacy tests which were prevalent in the South and sought to disenfranchise otherwise qualified voters.  The legislation was heralded as a significant milestone for the Civil Rights movement, with the signing ceremony attended by Martin Luther King, Jr. and Rosa Parks as seen in the picture above.  The legislation gained momentum with the race-motivated murders of voting activists in Philadelphia and Mississippi, along with the relentless degradation of African American voters and citizens across the country.

 

The Act as a whole provided the most sweeping legislation aimed at protecting the constitutional voting rights for African Americans and all minority groups, and for the first time gave law enforcement and the federal government authority and the tools to ensure these rights.  The teeth of the law is Section 5, which prohibits predetermined districts from changing their election laws and procedures without gaining authorization from the U.S. Justice Department, and Section 4(b), which defines the said districts as those which had voting tests in place in November 1964 and less than 50% turnout in the Presidential election.  If the districts outlined in Section 4(b) want to alter their voting laws or procedures they must first prove to the Attorney General or the Washington, D.C. District Court that the changes they seek "neither has the purpose nor will have the effect” of negatively impacting an individual's right to vote based on their race or minority status. 

This map indicates the districts and states that had voting tests in place in 1964, and are therefore required to get approval before changing their voting laws or procedures.  The Shelby County v. Holder will determine if the districts outline in Section 5 and 4(b) will still require oversight.  This final week of the Supreme Court's term is proving to be the busiest and most important few days!

UPDATE: The Supreme Court just ruled that Section 4(b) of the Voting Rights Act is unconstitutional, with 4 of the Justices dissenting.