What was the main impact that the signing of the Voting Rights Act of 1965 have on the voting rights of United States citizens?

What was the main impact that the signing of the Voting Rights Act of 1965 have on the voting rights of United States citizens?

The Voting Rights Act of 1965, and the legal blows it has taken, are central to the current political fight over voting access.

Kaz Fantone for NPR

The Justice Department calls the Voting Rights Act of 1965 "the most successful piece of civil rights legislation ever adopted by the United States Congress."

The law put an end to literacy tests, which prevented many people from registering to vote, in a half-dozen states, granted the attorney general the power to send observers to witness elections and gave the federal government the authority to preapprove voting and election changes in places with a history of discrimination.

Within a few years of its passage, the Voting Rights Act had paved the way for thousands of Black and brown voters to go to the ballot box. Bipartisan majorities in Congress reauthorized the act five times, most recently in 2006, when then-President George W. Bush lauded the law and pledged to defend it in court.

The landmark law has gotten a different reception at the highest court in the land in the last few years. In two decisions, spanning eight years, a conservative majority of Supreme Court justices upended the law's core enforcement powers.

The most recent decision, in July, has prompted national marches, including one set to culminate in Washington, D.C., on Saturday, the anniversary of the Rev. Martin Luther King Jr.'s 1963 March on Washington.

The rally comes on the heels of House passage of legislation to override the Supreme Court and update the Voting Rights Act. But prospects for the bill are dim in a closely divided Congress.

How the law came to be

In the years after the Civil War, the United States adopted three constitutional amendments. The 13th Amendment ended slavery and involuntary servitude "except as punishment for crime." The 14th Amendment codified birthright citizenship and promised "due process of law," among other steps. And the 15th Amendment gave Black men the right to vote.

For a brief period, Black voters raced to the ballot box, electing officials of their choice to high office. But all too soon, Southern states passed their own laws making it more difficult for people of color to vote, including literacy tests, poll taxes and a horrible campaign of violence. By the 1960s, white voter registration in some states was 50 percentage points greater than Black voter registration.

"Give us the ballot and we will fill our legislative halls with men of goodwill and send to the sacred halls of Congress men who will not sign a 'Southern manifesto' because of their devotion to the manifesto of justice," King said in a major address in Washington in 1957.

Then, in early 1965, armed state troopers viciously beat a group of nonviolent marchers in Selma, Ala. Footage of those protesters being sprayed with chemicals and clubbed by police batons shocked the conscience of the country and helped then-President Lyndon B. Johnson make the case for the Voting Rights Act.

Months later, Johnson signed the act into law.

"What history shows is that sort of federal intervention was the main thing that could affect systemic change to the problem of racial discrimination in voting," professor Atiba Ellis of Marquette University told The NPR Politics Podcast for its legal series, "The Docket."

What was the main impact that the signing of the Voting Rights Act of 1965 have on the voting rights of United States citizens?

President Lyndon B. Johnson signs the Voting Rights Act into law on Aug. 6, 1965.

AP

In 2013, in a case called Shelby County v. Holder, Chief Justice John Roberts concluded that a lot of things had changed, that the world had changed since the civil rights movement of the 1950s and 1960s.

The 5-4 decision effectively derailed the Justice Department's system for preapproving election changes in jurisdictions with a history of discrimination, putting a heavy burden on the federal government to identify any such changes and sue to prevent them from taking effect. The high court ruling prompted states to pass new restrictions on voting.

Then, in July, another conservative court majority severely weakened the remaining enforcement tool for the Department of Justice: a provision that gave the federal government the legal authority to challenge voting laws that discriminate on the basis of race, color and language minority status.

In Brnovich v. Democratic National Committee, Justice Samuel Alito concluded that some inconvenience to voters would not run afoul of the Constitution. His majority opinion also gave states a powerful defense: They could raise concerns about voter fraud to justify their election changes without having to prove any such fraud existed.

Lawsuits by the Justice Department and civil rights groups over voting changes in Georgia are continuing in the courts. But it's not yet clear what fate they will meet.

The current fight

Democrats in Congress have been pressing for at least two different voting rights measures that would restore the federal government's enforcement powers at the ballot box. One is named after the late Rep. John Lewis, a Georgia Democrat whose beating on "Bloody Sunday" in 1965 horrified a national audience and helped push the Voting Rights Act over the finish line on Capitol Hill later that year.

But Democrats are facing mathematical challenges. Based on current Senate rules, they need 60 votes, including 10 Republicans, to advance any voting measures. So far, they've been unable to muster them.

"It's a critical moment in the fight for voting rights," Mahogane Reed of the NAACP Legal Defense and Educational Fund told The NPR Politics Podcast. "The onslaught of new voting laws is so heavy. Intervention from Congress is absolutely critical."

White men, age 21 and older, who owned property were given the right to vote in 1776.

The 15th Amendment to the Constitution removed racial barriers to voting in 1870, but states continued to practice voter discrimination and continued to deny Black voters a chance to participate in elections.

The right to vote was extended to white women in 1920.

It wasn't until 1965, after years of intimidation, murders, and advocacy that the path to the voting booth was cleared for Black people with the federal Voting Rights Act of 1965.

The right to vote, regardless of race

Just eight days after Martin Luther King, Jr. led a peaceful civil rights march in Selma, Alabama, President Lyndon B. Johnson announced his intention to pass a federal Voting Rights Act to ensure that no federal, state, or local government could in any way impede people from voting because of their race or ethnicity. He signed the Voting Rights Act into law later that year, banning racial discriminatory practices in voting, including literacy tests.

Provisions of the Voting Rights Act

Originally, legislators hoped that within five years of its passage, the issues surrounding the 1965 Voting Rights Act would be resolved and there would be no further need for its enforcement-related provisions. They were wrong. Congress had to extend these provisions in 1970, 1975, 1982 and most recently in 2007, this time for 25 years.

Enforcement measures included:

  • Requirements for certain jurisdictions with a history of disenfranchising voters to obtain approval or "preclearance" from the U.S. Department of Justice or the U.S/ District Court in D.C. before they can make any changes to voting practices or procedures. They must prove that the proposed change does not denying or infringe on the right to vote on account of race or color.
  • Requirements for certain jurisdictions to provide language assistance to voters in communities where there is a concentration of citizens who do aren't proficient in English to actively participate in the electoral process. This provision was added to the Voting Rights Act in 1975.
  • Federal election examiners and observers for certain jurisdictions where there is evidence of attempts to intimidate minority voters at the polls.

It is wrong, deadly wrong, to deny any of your fellow Americans the right to vote in this country. There is no issue of states rights or national rights, there is only the struggle for human rights.

- President Lyndon B. Johnson (1965)

What was the main impact that the signing of the Voting Rights Act of 1965 have on the voting rights of United States citizens?

Bob Fitch photography archive, © Stanford University Libraries

On 6 August 1965 President Lyndon B. Johnson signed the Voting Rights Act into law, calling the day “a triumph for freedom as huge as any victory that has ever been won on any battlefield” (Johnson, “Remarks in the Capitol Rotunda”). The law came seven months after Martin Luther King launched a Southern Christian Leadership Conference (SCLC) campaign based in Selma, Alabama, with the aim of pressuring Congress to pass such legislation.

“In Selma,” King wrote, “we see a classic pattern of disenfranchisement typical of the Southern Black Belt areas where Negroes are in the majority” (King, “Selma—The Shame and the Promise”). In addition to facing arbitrary literacy tests and poll taxes, African Americans in Selma and other southern towns were intimidated, harassed, and assaulted when they sought to register to vote. Civil rights activists met with fierce resistance to their campaign, which attracted national attention on 7 March 1965, when civil rights workers were brutally attacked by white law enforcement officers on a march from Selma to Montgomery.

Johnson introduced the Voting Rights Act that same month, “with the outrage of Selma still fresh” (Johnson, “Remarks in the Capitol Rotunda”). In just over four months, Congress passed the bill. The Voting Rights Act of 1965 abolished literacy tests and poll taxes designed to disenfranchise African American voters and gave the federal government the authority to take over voter registration in counties with a pattern of persistent discrimination. “This law covers many pages,” Johnson said before signing the bill, “but the heart of the act is plain. Wherever, by clear and objective standards, States and counties are using regulations, or laws, or tests to deny the right to vote, then they will be struck down” (Johnson, “Remarks in the Capitol Rotunda”).

On the same day Johnson signed the bill, he announced that his attorney general, Nicholas Katzenbach, would initiate lawsuits against four states that still required a poll tax to register. Although King called the law “a great step forward in removing all of the remaining obstacles to the right to vote,” he knew that the ballot would only be an effective tool for social change if potential voters rid themselves of the fear associated with voting (King, 5 August 1965). To meet this goal and “rid the American body politic of racism,” SCLC developed its Political Education and Voter Registration Department (King, “Annual Report”).