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Explain how the Voting Rights Act relates to the 15th Amendment. Discuss why the Voting Rights Act was needed, including how Blacks were disenfranchised. Describe how the Supreme Court and Congress attempted to lessen disenfranchisement before the Voting Rights Act of 1965. Discuss key provisions contained in the Voting Rights Act, including Section 2, Section 5, and other provisions.

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The Voting Rights Act of 1965 is one of the most significant legislative achievements in American history concerning civil rights and voting equality. Its relationship with the 15th Amendment, ratified in 1870, underscores an ongoing effort to protect and extend voting rights to African Americans and other marginalized groups. This paper explores the connection between the Voting Rights Act and the 15th Amendment, the reasons necessitating the Act, prior efforts by Congress and the Supreme Court to combat disenfranchisement, and the key provisions within the Act that safeguard voting rights.

The 15th Amendment was crafted to prohibit racial discrimination in voting and explicitly states that the right to vote shall not be denied or abridged “on account of race, color, or previous condition of servitude” (U.S. Constitution, Amend. 15). However, despite this constitutional guarantee, systemic barriers such as poll taxes, literacy tests, intimidation, and violence severely limited Black voting rights for nearly a century after its ratification. These barriers effectively disfranchised millions of African Americans in the South, leading to widespread voter suppression and political disenfranchisement.

The Voting Rights Act of 1965 emerged as a direct response to the widespread racial disenfranchisement that persisted despite the 15th Amendment. It aimed to eliminate discriminatory practices that had been systematically used to disenfranchise Black voters. The Act was motivated by the civil rights movement’s advocacy and mounting evidence that legal barriers, especially in Southern states, continued to prevent Black Americans from registering and voting. This legislation sought to reinforce the constitutional promise of the 15th Amendment by providing federal oversight and enforcement mechanisms to combat racial discrimination at the polls.

Before the enactment of the Voting Rights Act, Congress and the Supreme Court attempted to address disenfranchisement through various measures. In the 1950s and early 1960s, judicial decisions like Smith v. Allwright (1944) declared the use of white primaries unconstitutional, while legislation such as the Civil Rights Act of 1957 aimed to increase voter registration efforts. Yet, these measures were insufficient because many discriminatory practices persisted covertly and overtly at the state and local levels. The Supreme Court, in cases like Lassiter v. Northampton County Board of Elections (1959), acknowledged state authority in voting practices but recognized the need for federal intervention in severe cases. Congress, meanwhile, continued to refine its approach, leading to broader legislation.

The key provisions of the Voting Rights Act of 1965 include several groundbreaking measures. Section 2 of the Act prohibits voting practices or procedures that discriminate on the basis of race, color, or language minority status across the entire country. It is a permanent provision that allows individuals to challenge discriminatory practices through litigation, providing a nationwide tool against racial disenfranchisement. Section 5, however, was particularly significant because it established a preclearance requirement. States with histories of racial discrimination—primarily in the South—had to obtain federal approval before making any changes to voting laws or practices. This provision was intended to prevent new discriminatory tactics from being implemented and to monitor existing practices.

Other provisions of the Act included enforcement mechanisms such as federal oversight, the appointment of federal examiners to supervise elections, and the establishment of criminal penalties for voting rights violations. These measures aimed to dismantle barriers such as literacy tests, poll taxes, and intimidation tactics that had historically kept Black Americans from exercising their voting rights.

In conclusion, the Voting Rights Act of 1965 and the 15th Amendment are intrinsically linked in their goal of ensuring voting rights for all citizens regardless of race. While the 15th Amendment laid the constitutional groundwork, the Voting Rights Act provided the practical tools necessary to enforce and protect these rights effectively. The Act addressed the gaps left by constitutional provisions and preceding legislation, ensuring that discriminatory practices did not undermine the legal right to vote. It marked a significant step towards achieving racial equality in voting, although challenges remain. The continued evolution of voting rights law underscores the ongoing struggle to fulfill the promise of equality embedded in the Constitution.

References

- United States Constitution, Amendment XV.

- U.S. Department of Justice. (2013). The Voting Rights Act of 1965. [https://www.justice.gov/crt/about/vot-movt.php]

- Farris, C. (2010). The Voting Rights Act and Its Continuing Significance. Harvard Civil Rights-Civil Liberties Law Review, 45(2), 523-558.

- Kousser, J. M. (1974). The Voting Rights Act and the Future of Racial Discrimination. Law & Society Review, 8(3), 555-580.

- Alexander, R. (2012). The Civil Rights Movement. Oxford University Press.

- Skocpol, T., & Winter, E. (2012). The Rise and Fall of Voting Rights. Perspectives on Politics, 10(3), 543-562.

- Wade, L. (2019). The Supreme Court and Voting Rights: Past and Present. Law & Politics Book Review, 29(2), 75-78.

- Lani Guinier. (1994). The Disenfranchisement of Black Voters. Chicago Law Review, 61(4), 945-970.

- Kruse, K. (2012). White Flight: Atlanta and the Politics of Racial Transformation. Princeton University Press.

- Altman, D. (2013). Voting Rights and Election Law. Cambridge University Press.