Controversies in Minority Voting: The Voting Rights Act in Perspective

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Brookings Institution Press, 2011 M01 1 - 396 páginas

Widely regarded as one of the most successful pieces of modern legislation, the Voting Rights Act of 1965 has transformed the nature of minority participation and representation in the United States. But with success came controversy as some scholars claim the Act has outlived its usefulness or been subverted in its aim. This volume brings together leading scholars to offer a twenty-five year perspective on the consequences of this landmark act.

The Fifteenth Amendment, ratified in 1870, stated that the right of U.S. citizens to vote "shall not be denied or abridged by the United States or by any State on account of race, color, or condition of previous servitude." The South, however, virtually ignored this right, disfranchising blacks through violence, intimidation, literacy tests, and poll taxes. The primary purpose of the Voting Rights Act of 1965 was to break down these barriers to minority voting.

Beginning with chapters covering the key provisions of the Act, the book discusses the way the Act has transformed American politics and looks at the role played by major civil rights groups in lobbying for extensions and amendments to it and in insuring that its provisions would be enforced.

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A Brief History
7
Section 5 and the Role of the Justice Department
52
The 1982 Amendments of Section 2 and Minority Representation
66
The 1982 Amendments and the Voting Rights Paradox
85
Social Science Perspectives on the Voting Rights Act
115
Party Politics in the Wake of the Voting Rights Act
117
The Voting Rights Act and the Two Reconstructions
135
Voting Rights and the American Regulatory State
177
Comments
278
Where Do We Go From Here?
283
Some Consequences of the Voting Rights Act
292
CaseSpecific Implementation of the Voting Rights Act
296
What is the Best Route to a ColorBlind Society?
300
VOTING RIGHTS ACT OF 1965
319
Contributors
339
References
341

Expert Witness Testimony and the Evolution of Voting Rights Case Law
197
Litigation Lobbying and the Voting Rights Bar
230
The Voting Rights Act and the Concept of Voting Rights
259
Toward a ColorBlind Society?
261
Index of Legal Cases
363
General Index
367
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Página 329 - Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof.
Página 326 - Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color...
Página 170 - When a man has emerged from slavery, and by the aid of beneficent legislation has shaken off the inseparable concomitants of that state, there must be some stage in the progress of his elevation when he takes the rank of a mere citizen, and ceases to be the special favorite of the laws, and when his rights as a citizen, or a man, are to be protected in the ordinary modes by which other men's rights are protected.
Página 331 - ... the Attorney General may institute for the United States, or in the name of the United States, a civil action or other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order.
Página 329 - Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business...
Página 320 - ... 1 ) incidents of such use have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future.
Página 323 - November 1, 1964, any test or device, and with respect to which (2) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1964, or that less than 50 per centum of such persons voted in the presidential election of November 1964.
Página 333 - test or device" shall mean any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class.

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