Voting Rights Act of 1965
Voting Rights Act of 1965
1) Link to the Text of the Act
Read the statute (52 U.S.C. § 10301 et seq.)
2) Why It Was Done
The Act was enacted to enforce the 15th Amendment, which prohibits racial discrimination in voting. It responded to widespread voter suppression, including literacy tests, poll taxes, and intimidation.
3) Pre-existing Law or Constitutional Rights
The 15th Amendment (1870) banned racial discrimination in voting, but enforcement was weak. States, especially in the South, used Jim Crow laws to suppress minority votes. The Act gave federal government direct enforcement power.
4) Overreach or Proper Role?
Supporters view it as one of the most effective civil rights laws, dismantling systemic disenfranchisement. Critics argued federal oversight infringed on state election authority. The Supreme Court has since limited parts of it.
5) Who or What It Controls
- States and localities with histories of discrimination (subject to preclearance)
- Election officials prohibited from using discriminatory practices
- Federal government (authorized to send examiners and observers)
6) Key Sections / Citations
- Section 2 (52 U.S.C. § 10301) – nationwide ban on voting discrimination
- Section 4(b) – coverage formula for preclearance (struck down in 2013)
- Section 5 – preclearance requirement for certain jurisdictions
- Section 203 – protections for language minority groups
7) Recent Changes or Live Controversies
- Shelby County v. Holder (2013): invalidated Section 4(b), ending federal preclearance formula
- Brnovich v. DNC (2021): narrowed Section 2 protections
- Ongoing debates about new federal voting rights legislation (e.g., John Lewis Voting Rights Advancement Act)
8) Official Sources