Federal Voting Rights
Federal voting rights in the United States are enshrined in the Constitution and have evolved significantly over the course of the nation's history. The foundation of federal voting rights is primarily found in the 15th Amendment, ratified in 1870, which prohibits the denial of voting rights based on race, color, or previous condition of servitude. Subsequently, the 19th Amendment, ratified in 1920, extended the right to vote to women, ensuring that gender could not be a barrier to participation in federal elections. Furthermore, the 26th Amendment, ratified in 1971, lowered the voting age from 21 to 18, ensuring that adults aged 18 and older have the right to vote in federal elections.
Voting Rights Act
The Voting Rights Act of 1965 stands as one of the most consequential pieces of civil rights legislation in American history. This landmark law was enacted to combat racial discrimination in voting, particularly in the Southern states where African American citizens faced systemic barriers such as literacy tests, poll taxes, and other tactics designed to disenfranchise them. The Voting Rights Act effectively dismantled these discriminatory practices, ensuring that all citizens, regardless of race or ethnicity, could exercise their fundamental right to vote. Its impact on society has been profound, as it played a pivotal role in increasing African American voter registration and political participation. African Americans, along with other minority groups, gained a stronger voice in the political process, which in turn led to a more representative democracy. However, it is important to note that challenges to the Voting Rights Act have arisen in recent years, and ongoing efforts are required to preserve and expand the Act's impact, ensuring that voting rights remain protected and accessible for all citizens.
Recent Challenges
Since the Voting Rights Act was created it has faced significant challenges. One of the most recent was the Supreme Court case Shelby County v. Holder (2013). Shelby County, Alabama sued the U.S. Attorney General, Eric Holder Jr. The Voting Rights Act established that counties "the Supreme Court struck down a key provision of the Act, specifically Section 4(b), which determined the criteria for identifying jurisdictions that were required to obtain federal approval (or "preclearance") before making changes to their voting laws or procedures. The Court's majority argued that the formula used in Section 4(b) was outdated and no longer reflective of current conditions, effectively rendering the preclearance requirement in Section 5 unenforceable. This decision had far-reaching consequences, as it eliminated a vital tool in preventing racial discrimination in voting practices, particularly in areas with a history of such discrimination. It sparked concerns about potential setbacks in protecting voting rights and led to subsequent efforts by various states to enact changes to their voting laws, some of which critics argue have disproportionately affected minority voters. Shelby County v. Holder has since spurred ongoing debates about the need for legislative action to address voting rights issues and ensure equal access to the ballot box for all citizens.
Recent Wins
The Voting Rights Act had a recent win in June of 2023. After the ruling in Shelby County v. Holder, clearance by the Attorney General was eliminated. 2021 was the first test of what many believed - clearance was indispensable for maintaining fair voting districts. After the 2020 Census districts could be redrawn and the outcome of voting districts could be decided for the next decade. After Alabama drew their districts multiple groups sued on the grounds that the new districts violated Section 2 of the Voting Rights Act. Section 2 "bars election practices that result in a denial or abridgement of the right to vote based on race" (SCOTUSblog). Alabama was sued for diminishing Black voters power by packing them into one majority district when there should have been two. The Supreme Court allowed the maps to go into effect for the 2022 election, and ruled after that the districts did indeed violate Section 2.
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Despite the legal win - a win that many thought was not coming given the highly partisan Supreme Court - the fight is not over. In July of 2023 Alabama redrew the maps, yet it still did not comply with Section 2. The map was blocked and a third-party is now in the process of drawing a remedial and legal map (ACLU).
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