Voting Rights Act

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(Redirected from Voting Rights Act of 1965)
Voting Rights Act of 1965
89th United States Congress

Image:Uscongress.gif
Long title: ---
Introduced by: ---
Dates
Date passed: August 3, 1965 (U.S. House of Representatives)
August 4, 1965 (U.S. Senate)
Date signed into law: August 6, 1965
Amendments: ---
Related legislation: ---

The Voting Rights Act of 1965 (Public Law 89-10) outlawed the requirement that would-be voters in the United States take literacy tests to qualify to register to vote, and it provided for federal registration of voters -- instead of state or local voter registration which had often been denied to minorities and poor voters -- in areas that had less than 50% of eligible voters registered. The act also provided for DOJ oversight to registration, and the Department's approval for any change in voting law in districts whose populations were at least 5% African-American. It was signed into law by President Lyndon Johnson on August 6, 1965.

Contents

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Background

Many poor whites and African Americans were being intimidated from participating in the voting process. Many of the affected voters were illiterate, therefore they were discouraged from voting by election and government officials. Some Dixiecrats argued that primary elections were an internal party affair, and that the party was a "private club," so the government had no authority over its criteria for membership and other factors relevant to participating in primary elections. The campaign to bring about federal intervention to rectify this situation culminated in the Selma to Montgomery marches.

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Legislative history

The Act was sent to Congress by President Lyndon Johnson on March 17, 1965. The Senate passed the bill on May 26 (after a successful cloture vote on May 25); the House passed it on July 10. After differences between the two bills were resolved in conference, the House passed the Conference Report on August 3, the Senate on August 4. President Johnson signed the Act on August 6, 1965.

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Vote count

Senate: 77–19

  • Democrats: 47–17
  • Republicans: 30–2

House: 333–85

  • Democrats: 221–61
  • Republicans: 112–24

Conference Report:

Senate: 79–18

  • Democrats: 49–17
  • Republicans: 30–1

House: 328–74

  • Democrats: 217–54
  • Republicans: 111–20
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Periodic renewal

The Voting Rights Act has been renewed many times and remains in force. It was renewed in 1970 and 1975. In 1982, Congress amended and renewed the Act for another 25 years. Some portions of the Act are up for renewal in 2007.

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Preclearance

Section 5 of the Act requires that the United States Department of Justice "preclear" any "covered jurisdiction"'s attempt to change a voting standard, practice or procedure. Section 5, as currently authorized by Congress, stays in effect until 2007. The burden of proof under Section 5 is on the governmental body to establish that the proposed change does not have a retrogressive purpose.

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Jurisdictions that must be precleared

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States

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Counties

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Towns

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No affirmative right to vote

U.S. citizens commonly hear of a "right to vote," yet there is no such federal right. However, the Voting Rights Act and three constitutional amendments that prevent discrimination in granting the franchise have established in United States Supreme Court jurisprudence that there is a "fundamental right" in the franchise, even though voting remains a state-granted privilege<ref>Reynolds v. Sims 377 U.S. 533, 561-562 (1964): "Undoubtedly, the right of suffrage is a fundamental matter in a free and democratic society. Especially since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized. Almost a century ago, in Yick Wo v. Hopkins, 118 U.S. 356, the Court referred to "the political franchise of voting" as "a fundamental political right, because preservative of all rights." 118 U.S. at 370.</ref>. U.S. Representative Jesse Jackson, Jr., re-introduced House Joint Resolution 28 in March of 2005 to amend the U.S. Constitution and create a federal right to vote. The resolution had 58 co-sponsors as of April, 2005.

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Reference

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Notes

<references/>fr:Voting Rights Act

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