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WASHINGTON, June 20 — House Republican leaders today abruptly canceled a planned vote to renew the Voting Rights Act after a rank-and-file rebellion by lawmakers who say the civil rights measure unfairly singles out Southern states and promotes multi-lingual ballots.
The reversal represented a significant embarrassment for the party leadership, which has promised a vote on the landmark anti-discrimination law and hailed its imminent approval in a rare bipartisan press event on the steps of the Capitol last month...
"A lot of it looks as if these are some old boys from the South who are trying to do away with it," said Representative Lynn A. Westmoreland of Georgia, who said it would be unfair to keep Georgia under the confines of the law when his state has cleaned up its voting rights record. "But these old boys are trying to make it Constitutional enough that it will withstand the scrutiny of the Supreme Court."
As a black American, this is one of my greatest fears come true.
Originally posted by Nygdan
As a black American, this is one of my greatest fears come true.
I thought that the protections against what the act was supposed to address had been made permanent through executive order?
Originally quoted by Nygdan
I thought that the protections against what the act was supposed to address had been made permanent through executive order?
Ballots in the Balance
Forty years ago—in a dramatic response to decades of African American struggle in the courts and the streets and to growing public concern over black disenfranchisement—a large bipartisan majority in Congress framed and passed the 1965 Voting Rights Act. President Lyndon Johnson proudly signed it in a special Capitol Hill ceremony. These officials, much of the public, and key partners such as the Student Nonviolent Coordinating Committee, the NAACP, the Southern Christian Leadership Conference, and the Congress on Racial Equality all intended a restoration of the Reconstruction Amendments, particularly the 14th and 15th Amendments. In that they succeeded. Since 1965 the federal protection afforded by the Voting Rights Act has immeasurably strengthened minority voting and representation. The Voting Rights Act is today widely recognized as perhaps the premier case of a national law that can institute broad and desirable political change.
But will the Voting Rights Act survive its next congressional review? Should it? These questions now animate a growing number of conferences and discussions at law schools and universities around the country. Opponents and supporters of the Voting Rights Act are now meeting and planning for the congressional review. Voting rights issues now flying below the public radar are certain to surface on the national agenda this year or next.
By August 2007 Congress must renew, amend, or drop the Voting Rights Act's temporary enforcement provisions. These measures include (1) federal review of proposed election changes in Southern and some non-Southern states and counties (a process technically known as "Section 5 preclearance"), (2) the federal election observer program, and (3) the requirement—added ten years after Congress first passed the law—that many non-Southern jurisdictions, including Arizona, California, and Texas, provide bilingual balloting materials and assistance.
Originally quoted by HarlemHottie
You may know something I don't. Which executive order? Or, more generally, which president?
The Voting Rights Act of 1965
In the century following Reconstruction, African Americans in the South faced overwhelming obstacles to voting. Despite the Fifteenth and Nineteenth Amendments to the U.S. Constitution, which had enfranchised black men and women, southern voter registration boards used poll taxes, literacy tests, and other bureaucratic impediments to deny African Americans their legal rights. Southern blacks also risked harassment, intimidation, economic reprisals, and physical violence when they tried to register or vote. As a result, African Americans had little if any political power, either locally or nationally. In Mississippi, for instance, only five percent of eligible blacks were registered to vote in 1960.
The Voting Rights Act of 1965, meant to reverse this disenfranchisement, grew out of both public protest and private political negotiation. [...]President Lyndon B. Johnson made civil rights one of his administration's top priorities, using his formidable political skills to pass the Twenty-Fourth Amendment, which outlawed poll taxes, in 1964. Now, a week after "Bloody Sunday" in Selma, Johnson gave a televised speech before Congress in which he denounced the assault.
Two days later, the President sent the Voting Rights bill to Congress. The resolution, signed into law on August 6, 1965, empowered the federal government to oversee voter registration and elections in counties that had used tests to determine voter eligibility or where registration or turnout had been less than 50 percent in the 1964 presidential election. It also banned discriminatory literacy tests and expanded voting rights for non-English speaking Americans.
www.usdoj.gov...
Congress renewed in 1982 the special provisions of the Act, triggered by coverage under Section 4 for twenty-five years.
www.usdoj.gov...
Section 4(a) of the Act established a formula to identify those areas [where racial discrimination in voting had been more prevalent] and to provide for more stringent remedies where appropriate. [...]
Section 4(e) and Section 4(f), that guarantee the right to register and vote to those with limited English proficiency. Section 4(e) provides that the right to register and vote may not be denied to those individuals who have completed the sixth grade in a public school, such as those in Puerto Rico, where the predominant classroom language is a language other than English[...]In Section 4(f), the Act addresses the ability of those persons who are members of language minority groups identified in Section 4(f)(2), to register and vote as well as to get information relating to the electoral process in a manner that will ensure their meaningful participation in the electoral process
www.usdoj.gov...
Section 4, along with those other sections that are dependent upon it, such as Section 5, 6, and 8, will expire on August 6, 2007.
www.usdoj.gov...
Section 5 freezes election practices or procedures in certain states until the new procedures have been subjected to review, either after an administrative review by the United States Attorney General, or after a lawsuit before the United States District Court for the District of Columbia. This means that voting changes in covered jurisdictions may not be used until that review has been obtained.
www.usdoj.gov...
The Voting Rights Act is a permanent federal law. Moreover, the equal right to vote regardless of race or color is protected by the Fifteenth Amendment [...] Voting rights will not expire[...]the preclearance requirement of Section 5, the authority to use federal examiners and observers, and some of the statute's language minority requirements [require renewal]
Celebrating and Strengthening the Voting Rights Act
If Congress doesn’t act to reauthorize the Voting Rights Act by August 6, 2007, key provisions of the law will expire. These include: Section 5, the pre-clearance provision, which has been the heart of the law, and which bars practices that have the effect of denying the right to vote in covered geographical areas and requires all proposed changes to the voting or election procedures to be “pre-cleared” with either the Department of Justice or the United States District Court for the District of Columbia; Section 203, the language provisions, which requires bilingual language assistance for covered language minorities; and Sections 6 and 9, which give the attorney general the authority to send federal observers and appoint examiners to monitor elections.
While some have already begun to argue that there is no longer a need to extend the expiring provisions, particularly Section 5, one need only review the most recent litigation surrounding state compliance with the Voting Rights Act and the complaints of voter intimidation coupled with political maneuvering and misdirection in communities of color in the past two presidential elections to make a compelling case that the protections provided in the expiring provisions of the VRA are still very much needed. We’ve come a long way since 1965 and attitudes have changed substantially, but now is not the time to turn our backs on the protections that have brought us this far.
Complaints by a couple of good ol' boys to legislation have never stopped the GOP leadership from rolling over dissenters.
This is a strategic stall that is meant to decriminalise the Republican party's new game of challenging voters of colour by the hundreds of thousands.
In the 2004 presidential race, the GOP ran a massive, multi-state, multimillion-dollar operation to challenge the legitimacy of black, Hispanic and Native American voters. The methods used breached the Voting Rights Act, and while the Bush administration's civil rights division grinned and looked the other way, civil rights lawyers began circling, preparing to sue to stop the violations of the act before the 2008 race.
So Republicans have promised to no longer break the law - not by going legit but by eliminating the law.
Originally quoted by Ngydan
Just to re-iterate, which is worthwhile because this is an important issue, I do not see any reason to not re-new the expiring provisions. I don't think that the congressmen that are debating whether or not to renew it are trying to disenfranchise minorities either.
Originally quoted by HarlemHottie
Honestly, based on what I know of the Rovian technique, this sounds plausible. By stating publically that their concerns lie with the multilingual ballots ammendment, the people framing this argument would have us debate the minutiae when, in fact, the scheme is to distract us. A Look at the pretty explosions while we loot your museums kinda thing.
The plan is really much more insidious. While we debate the merits of a multilingual electoral process, in a lofty, detached, academic sort of way, they're already planning to steal my vote!
I'm officially pissed. My mom was raised in NY, so I didn't get many first-hand accounts of pre-1965 era institutional racism, but I certainly don't want any of my own.
Dispelling Myths About the Voting Rights Act
By 2007, Congress will vote on whether to extend these "special provisions" of the Voting Rights Act. Since the effects of the long history of voting discrimination persist, the "special provisions" of the Voting Rights Act continue to be extremely important tools for protecting minority voting rights. During the reauthorization process, Congress will compile a record that sets forth the continuing effects of the nation's widespread voting discrimination.
Voting Rights Act is still needed to build on progress
What has slowed the momentum of reauthorization has been a calculated effort to suggest either that the act has outlived its usefulness or, alternatively, that it stigmatizes the South with regulations that don’t apply to the rest of the country (there are several Northern states, including New York and Illinois, that have partial coverage under the act, but opponents tend to overlook that fact). Both these claims are factually and legally dubious.
[...]
The act is a remedial statute whose authority derives from Congress’s determining that certain parts of our country have a history of discriminatory election laws. Just as a court could not impose an injunction on every widget manufacturer in America because some widget manufacturers have acted illegally, Congress cannot enact remedies for states without a demonstrated pattern of wrongdoing.In fact, if Congress were to extend blanket coverage of the act beyond existing states, it could be struck down as unconstitutional.
[...]
Progress also does not mean that laws should be discarded. Should the diminution of racist attitudes and the integration of the work force mean that Title 7 of the Civil Rights Act should be abandoned? Should the fact that 90 percent of Americans tell pollsters that they would elect a female president mean that sex-discrimination laws are unnecessary? It would be a powerful statement in a divided political environment if both parties endorsed the principle that the meaningful protection of voting power is an essential feature of our legal structure. Conversely, a retreat from the act, even one wrapped in niceties, would be instantly demoralizing to black and white Americans who have valued the act as a cornerstone of a regional and national consensus.
Originally posted by ceci2006
Conversely, a retreat from the act, even one wrapped in niceties, would be instantly demoralizing to black and white Americans who have valued the act as a cornerstone of a regional and national consensus.
Originally quoted by HarlemHottie
I'm very demoralized.
And, don't you find the timing of this drama and the Miami 7 very suspicious? I can hear the talking point already. Why should we protect African-Americans at the polls? Look at how they repay us, by becoming terrorists!
A Charter Member of Reagan Vanguard
A review of Roberts's papers from his time at the Justice Department and interviews with his contemporaries show he was deeply involved with the Reagan administration's efforts to recast the way government and the courts approached civil rights.
He wrote vigorous defenses, for example, of the administration's version of a voting rights bill, opposed by Congress, that would have narrowed the reach of the 1965 Voting Rights Act. He challenged arguments by the U.S. Commission on Civil Rights in favor of busing and affirmative action. He described a Supreme Court decision broadening the rights of individuals to sue states for civil rights violations as causing "damage" to administration policies, and he urged that legislation be drafted to reverse it. And he wrote a memo arguing that it was constitutionally acceptable for Congress to strip the Supreme Court of its ability to hear broad classes of civil rights cases.
[...]
Other memos by Roberts similarly argued for reining in the federal government's role in civil rights disputes. They indicate, for example, that he was at the center of articulating and defending the administration's policy that the Voting Rights Act -- a seminal law passed in 1965 and up for renewal in 1982 -- should in the future bar only voting rules that discriminate intentionally, rather than those that were shown to have a discriminatory effect. After the House rejected administration concerns and passed a bill embracing the more broad "effects" standard in October 1981 by a vote of 389 to 24, Roberts wrote in a memo to Smith, "my own view is that something must be done to educate the Senators on the seriousness of this problem." He argued in a memo to Starr that the House bill made sense only if "our laws were concerned with achieving equal results rather than equal opportunity."
House backs right to non-English ballots
The House agreed Wednesday to affirm the right of voters in areas with large populations of non-English-speaking citizens to cast ballots in their native language.
The 254-167 roll call in support of bilingual balloting came just a week after GOP divisions over the issue contributed to the postponement of a House vote to renew the landmark 1965 Voting Rights Act.
"If you have the good fortune to be able to vote in the United States, then it is not too much to ask that this be accomplished in English," said Rep. Cliff Stearns, R-Fla. "I don't think the United States government should be forced to pay for (bilingual) assistance."
Republicans slow Voting Rights Act renewal
By Amanda Beck Thu Jun 29, 7:01 PM ET
WASHINGTON (Reuters) - Prospects for a swift renewal of the Voting Rights Act faded on Thursday as lawmakers called for new congressional hearings on the landmark civil rights law first approved in 1965.
The House leadership had expected an easy 25-year extension of the act last week but southern Republicans rebelled, objecting that their states would be subjected to special scrutiny based on the legacy of discrimination from the 1960s.
House considers renewing Voting Rights Act
WASHINGTON - Having quieted dissenting conservatives, House Republicans are trying again to renew the 1965 Voting Rights Act in an election-year effort to win support from minority voters.
The bill's progress through Congress is considered by Republican leaders as one way to stem the damage to the party's "big-tent" image among minorities watching the contentious debate over whether to grant most of the nation's 12 million illegal immigrants a chance at citizenship.
[...]
Hours of negotiations in recent days yielded an agreement, approved 8-3 on Wednesday by the Rules Committee, to allow votes on a few amendments proposing the changes pushed by the objectors.The changes are not expected to be added to the legislation. But House leaders, intent on passing the bill over to the Senate this week, agreed to allow votes on the four amendments to move it along.
Civil rights advocates, however, see the amendments as the latest in a history of attempts to undercut growing political influence of racial minorities.