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54 Years Ago Today; LBJ signs Voting Rights Act of 1965
https://en.wikipedia.org/wiki/Voting_Rights_Act_of_1965
President Lyndon B. Johnson, Martin Luther King, Jr., and Rosa Parks at the signing of the Voting Rights Act on August 6, 1965
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights guaranteed by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act secured the right to vote for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country.
The Act contains numerous provisions that regulate elections. The Act's "general provisions" provide nationwide protections for voting rights. Section 2 is a general provision that prohibits every state and local government from imposing any voting law that results in discrimination against racial or language minorities. Other general provisions specifically outlaw literacy tests and similar devices that were historically used to disenfranchise racial minorities.
The Act also contains "special provisions" that apply to only certain jurisdictions. A core special provision is the Section 5 preclearance requirement, which prohibits certain jurisdictions from implementing any change affecting voting without receiving preapproval from the U.S. Attorney General or the U.S. District Court for D.C. that the change does not discriminate against protected minorities. Another special provision requires jurisdictions containing significant language minority populations to provide bilingual ballots and other election materials.
Section 5 and most other special provisions apply to jurisdictions encompassed by the "coverage formula" prescribed in Section 4(b). The coverage formula was originally designed to encompass jurisdictions that engaged in egregious voting discrimination in 1965, and Congress updated the formula in 1970 and 1975. In Shelby County v. Holder (2013), the U.S. Supreme Court struck down the coverage formula as unconstitutional, reasoning that it was no longer responsive to current conditions. The Court did not strike down Section 5, but without a coverage formula, Section 5 is unenforceable.
<snip>
Impact
Final page of the Voting Rights Act of 1965, signed by President Lyndon B. Johnson, President of the Senate Hubert Humphrey, and Speaker of the House John McCormack
After its enactment in 1965, the law immediately decreased racial discrimination in voting. The suspension of literacy tests and the assignments of federal examiners and observers allowed for high numbers of racial minorities to register to vote. Nearly 250,000 African Americans registered in 1965, one-third of whom were registered by federal examiners. In covered jurisdictions, less than one-third (29.3%) of the African American population was registered in 1965; by 1967, this number increased to more than half (52.1%), and a majority of African American residents became registered to vote in 9 of the 13 Southern states. Similar increases were seen in the number of African Americans elected to office: between 1965 and 1985, African Americans elected as state legislators in the 11 former Confederate states increased from 3 to 176. Nationwide, the number of African American elected officials increased from 1,469 in 1970 to 4,912 in 1980. By 2011, the number was approximately 10,500. Similarly, registration rates for language minority groups increased after Congress enacted the bilingual election requirements in 1975 and amended them in 1992. In 1973, the percent of Hispanics registered to vote was 34.9%; by 2006, that amount nearly doubled. The number of Asian Americans registered to vote in 1996 increased 58% by 2006.
After the Act's initial success in combating tactics designed to deny minorities access to the polls, the Act became predominately used as a tool to challenge racial vote dilution. Starting in the 1970s, the Attorney General commonly raised Section 5 objections to voting changes that decreased the effectiveness of racial minorities' votes, including discriminatory annexations, redistricting plans, and election methods such as at-large election systems, runoff election requirements, and prohibitions on bullet voting. In total, 81% (2,541) of preclearance objections made between 1965 and 2006 were based on vote dilution. Claims brought under Section 2 have also predominately concerned vote dilution. Between the 1982 creation of the Section 2 results test and 2006, at least 331 Section 2 lawsuits resulted in published judicial opinions. In the 1980s, 60% of Section 2 lawsuits challenged at-large election systems; in the 1990s, 37.2% challenged at-large election systems and 38.5% challenged redistricting plans. Overall, plaintiffs succeeded in 37.2% of the 331 lawsuits, and they were more likely to succeed in lawsuits brought against covered jurisdictions.
By enfranchising racial minorities, the Act facilitated a political realignment of the Democratic and Republican parties. Between 1890 and 1965, minority disenfranchisement allowed conservative Southern Democrats to dominate Southern politics. After Democratic President Lyndon B. Johnson signed the Act into law, newly enfranchised racial minorities began to vote for liberal Democratic candidates throughout the South, and Southern white conservatives began to switch their party registration from Democrat to Republican en masse. These dual trends caused the two parties to ideologically polarize, with the Democratic Party becoming more liberal and the Republican Party becoming more conservative. The trends also created competition between the two parties, which Republicans capitalized on by implementing the Southern strategy. Over the subsequent decades, the creation of majority-minority districts to remedy racial vote dilution claims also contributed to these developments. By packing liberal-leaning racial minorities into small numbers of majority-minority districts, large numbers of surrounding districts became more solidly white, conservative, and Republican. While this increased the elected representation of racial minorities as intended, it also decreased white Democratic representation and increased the representation of Republicans overall. By the mid-1990s, these trends culminated in a political realignment: the Democratic Party and the Republican Party became more ideologically polarized and defined as liberal and conservative parties, respectively; and both parties came to compete for electoral success in the South,[120]:294 with the Republican Party controlling most of Southern politics.
A 2016 study in the American Journal of Political Science found "that members of Congress who represented jurisdictions subject to the preclearance requirement were substantially more supportive of civil rights-related legislation than legislators who did not represent covered jurisdictions." A 2018 study in The Journal of Politics found that Section 5 of the 1965 Voting Rights Act "increased black voter registration by 14–19 percentage points, white registration by 10–13 percentage points, and overall voter turnout by 10–19 percentage points. Additional results for Democratic vote share suggest that some of this overall increase in turnout may have come from reactionary whites." A 2019 study in the American Economic Journal found that preclearance substantially increased turnout among minorities, even as far as to 2012 (the year prior to the Supreme Court ruling ending preclearance). The study estimates that preclearance led to an increase in minority turnout of 17 percentage points.
</snip>
President Lyndon B. Johnson, Martin Luther King, Jr., and Rosa Parks at the signing of the Voting Rights Act on August 6, 1965
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights guaranteed by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act secured the right to vote for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country.
The Act contains numerous provisions that regulate elections. The Act's "general provisions" provide nationwide protections for voting rights. Section 2 is a general provision that prohibits every state and local government from imposing any voting law that results in discrimination against racial or language minorities. Other general provisions specifically outlaw literacy tests and similar devices that were historically used to disenfranchise racial minorities.
The Act also contains "special provisions" that apply to only certain jurisdictions. A core special provision is the Section 5 preclearance requirement, which prohibits certain jurisdictions from implementing any change affecting voting without receiving preapproval from the U.S. Attorney General or the U.S. District Court for D.C. that the change does not discriminate against protected minorities. Another special provision requires jurisdictions containing significant language minority populations to provide bilingual ballots and other election materials.
Section 5 and most other special provisions apply to jurisdictions encompassed by the "coverage formula" prescribed in Section 4(b). The coverage formula was originally designed to encompass jurisdictions that engaged in egregious voting discrimination in 1965, and Congress updated the formula in 1970 and 1975. In Shelby County v. Holder (2013), the U.S. Supreme Court struck down the coverage formula as unconstitutional, reasoning that it was no longer responsive to current conditions. The Court did not strike down Section 5, but without a coverage formula, Section 5 is unenforceable.
<snip>
Impact
Final page of the Voting Rights Act of 1965, signed by President Lyndon B. Johnson, President of the Senate Hubert Humphrey, and Speaker of the House John McCormack
After its enactment in 1965, the law immediately decreased racial discrimination in voting. The suspension of literacy tests and the assignments of federal examiners and observers allowed for high numbers of racial minorities to register to vote. Nearly 250,000 African Americans registered in 1965, one-third of whom were registered by federal examiners. In covered jurisdictions, less than one-third (29.3%) of the African American population was registered in 1965; by 1967, this number increased to more than half (52.1%), and a majority of African American residents became registered to vote in 9 of the 13 Southern states. Similar increases were seen in the number of African Americans elected to office: between 1965 and 1985, African Americans elected as state legislators in the 11 former Confederate states increased from 3 to 176. Nationwide, the number of African American elected officials increased from 1,469 in 1970 to 4,912 in 1980. By 2011, the number was approximately 10,500. Similarly, registration rates for language minority groups increased after Congress enacted the bilingual election requirements in 1975 and amended them in 1992. In 1973, the percent of Hispanics registered to vote was 34.9%; by 2006, that amount nearly doubled. The number of Asian Americans registered to vote in 1996 increased 58% by 2006.
After the Act's initial success in combating tactics designed to deny minorities access to the polls, the Act became predominately used as a tool to challenge racial vote dilution. Starting in the 1970s, the Attorney General commonly raised Section 5 objections to voting changes that decreased the effectiveness of racial minorities' votes, including discriminatory annexations, redistricting plans, and election methods such as at-large election systems, runoff election requirements, and prohibitions on bullet voting. In total, 81% (2,541) of preclearance objections made between 1965 and 2006 were based on vote dilution. Claims brought under Section 2 have also predominately concerned vote dilution. Between the 1982 creation of the Section 2 results test and 2006, at least 331 Section 2 lawsuits resulted in published judicial opinions. In the 1980s, 60% of Section 2 lawsuits challenged at-large election systems; in the 1990s, 37.2% challenged at-large election systems and 38.5% challenged redistricting plans. Overall, plaintiffs succeeded in 37.2% of the 331 lawsuits, and they were more likely to succeed in lawsuits brought against covered jurisdictions.
By enfranchising racial minorities, the Act facilitated a political realignment of the Democratic and Republican parties. Between 1890 and 1965, minority disenfranchisement allowed conservative Southern Democrats to dominate Southern politics. After Democratic President Lyndon B. Johnson signed the Act into law, newly enfranchised racial minorities began to vote for liberal Democratic candidates throughout the South, and Southern white conservatives began to switch their party registration from Democrat to Republican en masse. These dual trends caused the two parties to ideologically polarize, with the Democratic Party becoming more liberal and the Republican Party becoming more conservative. The trends also created competition between the two parties, which Republicans capitalized on by implementing the Southern strategy. Over the subsequent decades, the creation of majority-minority districts to remedy racial vote dilution claims also contributed to these developments. By packing liberal-leaning racial minorities into small numbers of majority-minority districts, large numbers of surrounding districts became more solidly white, conservative, and Republican. While this increased the elected representation of racial minorities as intended, it also decreased white Democratic representation and increased the representation of Republicans overall. By the mid-1990s, these trends culminated in a political realignment: the Democratic Party and the Republican Party became more ideologically polarized and defined as liberal and conservative parties, respectively; and both parties came to compete for electoral success in the South,[120]:294 with the Republican Party controlling most of Southern politics.
A 2016 study in the American Journal of Political Science found "that members of Congress who represented jurisdictions subject to the preclearance requirement were substantially more supportive of civil rights-related legislation than legislators who did not represent covered jurisdictions." A 2018 study in The Journal of Politics found that Section 5 of the 1965 Voting Rights Act "increased black voter registration by 14–19 percentage points, white registration by 10–13 percentage points, and overall voter turnout by 10–19 percentage points. Additional results for Democratic vote share suggest that some of this overall increase in turnout may have come from reactionary whites." A 2019 study in the American Economic Journal found that preclearance substantially increased turnout among minorities, even as far as to 2012 (the year prior to the Supreme Court ruling ending preclearance). The study estimates that preclearance led to an increase in minority turnout of 17 percentage points.
</snip>
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