In 1965, at a time of racial discrimination in America and the emergence of a strong Civil Rights Movement, congress enacted the Voting Rights Act (VRA), which prohibits discrimination in voting. Congress could not end racial discrimination in voting by suing one jurisdiction, state, etc. at a time. Rather, Congress passed Section 5 of the VRA, which required states and local governments with a history of racially discriminating voting practices to get the approval of the U.S. Attorney General or a three-judge panel for the U.S. District Court for D.C. (“preclearace”) in order to make any changes to their voting practices. Section 4(b) said that the preclearance requirement applied to states and political subdivisions that used a “test or device” to limit voting and in which less than 50% of the population was registered to vote, or voted, in the presidential elections of 1964, 1968, or 1972. Nine states and seven subdivisions in other states are subject to the requirement in Section 5, which has been amended three times and was reauthorized for an additional 25 years in 2006. The Supreme Court however, has been skeptical about the constitutionality of the law. In the Supreme Court’s decision on Northwest Austin Municipal Utility District No. 1 v. Holder (2009), the Court avoided the constitutionality of Sections 4(b) and 5 of the VRA. Shelby County, Alabama, is covered in Section 5 because all of Alabama is covered. The county went to court in Washington to strike down Section 5 of the VRA. In 2010, Shelby County, Alabama, sued the Attorney General in Federal District Court in Washington, D.C. Shelby County sought a declaratory judgement that Sections 4(b) and 5 of the Voting Rights Act are unconstitutional, as well as a ruli... ... middle of paper ... ...n their opinion, protected the right of citizens to vote. The Constitution was also used in the majority opinion to support the striking down of Section 4(b). Justice Roberts said that the constraints of Section 4(b) are in violation of the Constitution, which gives the power to regulate elections to the states, not to the federal government. Section 4(b) is a federal act that singles out the voting processes of certain states and jurisdictions. It can be said that the regulation of Section 5 and the coverage of Section 4(b) allow for the federal government to control in the elections of the covered areas. This case struck down Section 4(b), and effectively eliminated the use of Section 5, of the Voting Rights Act, which many consider to be an extremely significant act in the Civil Rights Movement. Shelby County v. Holder has not been superseded by any other cases.
The court for this case found that the search and seizure of the stereo violated the fourth and fourteenth Amendments. The Decision was 6 votes for Hicks and 3 votes against.
The dissenting opinion was given by Justice Brennan, joined by Justice Marshall. Their concerns were that the majority opinion may be the beginning of the exclusionary rule slipping away. Brennon had observed that the Court had slowly began to let more things slide against the Fourth Amendment, and that the ?good faith? exception directly contradicted the Fourth Amendment. He also held that it may seem that the Court may pick and choose what evidence it allows in interest of obtaining a conviction. (United States v. Leon , 1984)
Justice Jackson's disagreement on the ruling of the Terminiello case is supported by many historical examples which demonstrate that freedom of speech is not an absolute right under the law. Although Terminiello had a right to exercise his right under the First Amendment, had the majority carefully considered this principle it should have rejected his claim. In this case, the majority's treatment of Terminiello's case skirted the real issue and did not benefit from true constitutional interpretation.
The Voting Rights Act marked a significant shift in American democracy, ensuring the right to vote for all regardless of race, religion, or sex. The key provisions of the Voting Rights Act, Section IV and Section V, ensured the overview of all state mandated voting laws, safeguarding constitutional values despite racial opposition. The breaking down of this provision under Supreme Court Ruling Shelby County, Alabama v. Holder, Attorney General has the potential to undo decades of progress to tackle racial barriers, isolating and withholding the right to vote for the weak, effectively dissolving democracy for the ones who need it the most.
.... This new amendment prohibited the states to deny the right to vote because of race.
Bush’s representation questioned that, Does recounts in Florida violate the Equal Protection Clause of the 14th amendment to the United States Constitution? Because all the votes were being counted unevenly, with standards varying from county to county, where recounts in counties where he could have majority were not being conducted. Bush Argued the decision went against the Constitution stating “nor shall any State…. Deny to any person within the equal protection of the laws.”
Despite the 14th and 15th constitutional amendments that guarantee citizenship and voting right regardless of race and religion, southern states, in practice, denied African Americans the right to vote by setting up literacy tests and charging a poll tax that was designed only to disqualify them as voters. In 1955, African Americans still had significantly less political power than their white counterparts. As a result, they were powerless to prevent the white from segregating all aspects of their lives and could not stop racial discrimination in public accommodations, education, and economic opportunities. Following the 1954 Supreme Court’s ruling in Brown vs. Board of Education that segregation in public schools was unconstitutional, it remained a hot issue in 1955. That year, however, it was the murder of the fourteen-year-old Emmett Louis Till that directed the nation’s attention to the racial discrimination in America.
The 19th amendment states that the United States Constitution prohibits any United States citizen from being denied the right to vote on the basis of sex. The 19th amendment was a significant turning point for many women in America. It gave women freedom that they didn’t have before. Before this amendment was passed many women had no self portrayal, something they couldn’t reach with a male figure ruling next to them. That was until 1920 when the 19th amendment was passed. The amendment let women into power giving them social justice and many political rights.
The Supreme Court should should affirm that the State of Texas has standing to challenge the immigration executive orders that have been placed as it has sustained multiple injuries that were caused by DAPA. DAPA directly imposed substantial costs associated with issuing additional driver’s licenses; it also required additional health care, law enforcement, and education expenditures. Even if only a small fraction of DAPA recipients applied for driver’s licenses, Texas would incur millions of dollars in costs and it would hurt its state economy. These injuries would easily allow Texas establish standing for any ordinary litigant. In addition Rumsfeld v. Forum for Acad. & Inst. Rights, Inc held that “One party with standing is sufficient to satisfy Article III’s case-or-controversy requirement.”
As a country it is important that we understand and value the importance of civil rights. The following cases demonstrate the importance of rights and liberties. In Griswold v. Connecticut (1965), the Supreme Court ruled on the inherent right to privacy. The Supreme Court ruled that the state could not ban the use of contraceptives. They determined that this was a violation of martial privacy. The state was attempting to fine and/or arrest people that were using any type of medicine or instrument to prevent pregnancy. This case was followed by Roe v. Wade (1973), where the Supreme Court not only gave women the right to privacy but also the right to have an abortion. In Zelman v. Simmons-Harris (2002), the Supreme Court gave parents in Ohio the right to use vouchers in order for their children to attend religious or private schools. While these cases protect liberties, the cases involving civil rights are far more reaching. In Brown v. Board of Education (1954), the Supreme Court prohibited racial segregation of public schools. In Meritor Savings Bank v. Vinson (1986), the Supreme Court ruled that a “hostile environment” related to sexual harassment is a form of sex discrimination. The impact of protecting our civil rights ensures a more inclusive American
the laws and male African Americans at a certain age, were now given the ballot.
In the latter half of the 18th century, freed slaves possessed the right to vote in all but three states. It was not until the 19th century that states began to pass laws to disenfranchise the black population. In 1850, only 6 out of the 31 states allowed blacks to vote. 1Following the civil war, three reconstruction amendments were passed. The first and second sought to end slavery and guarantee equal rights. The third, the 15th amendment, granted suffrage regardless of color, race, or previous position of servitude.2 The 15th Amendment monumentally changed the structure of American politics as it was no longer the privileged whites who could vote. For some it was as though hell had arrived on earth, but for others, it was freedom singing. However, the song was short lived. While many political cartoons from the period show the freedom that ex-slaves have for voting because of the 15th Amendment, they often neglect to include the fact that many African Americans were coerced into voting a certain way or simply had their rights stripped from them.
In the case Minor VS Happersett (1874), the Supreme Court decided that the state of Missouri was acting within its constitutional limits in denying a woman the right to vote. “This decision ended the ‘new depart...
It had finally led to an end of the illegal barriers under the 15th Amendment and allowed African Americans to vote without any knowledge or character test. Johnson stated, “For years and years they had been tried and tried and tried and they had failed and failed and failed. And the time for failure is gone” (Johnson). The statistics showed a large increase of African Americans in each state in the South in 1966. By 1970, over a million African Americans had registered to vote by (Quoted in “Victory for Voters”). The Voting Rights Act not only allowed African Americans to vote, but it also opened up many new opportunities for them. After all, Lyndon Johnson had successfully achieved his main goal to get many supporters from the south and it changed the nation towards a positive direction after the
The Civil Rights Act of 1964 forbid businesses connected with interstate commerce to discriminate when choosing its employees. If these businesses did not conform to the act, they would lose funds that were granted to them from the government. Another act that was passed to secure the equality of blacks was the Voting Rights Act of 1965. This act, which was readopted and modified in 1970, 1975, and 1982, contained a plan to eliminate devices for voting discrimination and gave the Department of Justice more power in enforcing equal rights. In another attempt for equal rights, the Equal Employment ...