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Voting Rights Act Section 4 Struck Down By Supreme Court ~ ...
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Category: POLITICS

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June 25 2013 — The Supreme Court struck down Section 4 of the Voting Rights Act on Tuesday, the provision of the landmark civil rights law that designates which parts of the country must have changes to their voting laws cleared by the federal government or in federal court.

The 5-4 ruling, authored by Chief Justice John Roberts and joined by Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito, ruled in Shelby County v. Holder that “things have changed dramatically” in the South in the nearly 50 years since the Voting Rights Act was signed in 1965.

The court’s opinion said it did not strike down the act of Congress “lightly,” and said it “took care to avoid ruling on the constitutionality of the Voting Rights Act” in a separate case back in 2009. “Congress could have updated the coverage formula at that time, but did not do so. Its failure to act leaves us today with no choice but to declare [Section 4] unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance.”

Civil Rights Movement (1955–1968)

After the disputed election of 1876 resulted in the end of Reconstruction, Whites in the South regained political control of the region, after mounting intimidation and violence in the elections. Systematic disfranchisement of African Americans took place in Southern states from 1890 to 1908 and lasted until national civil rights legislation was passed in the mid-1960s. For more than 60 years, for example, blacks in the South were not able to elect anyone to represent their interests in Congress or local government.

The African-American Civil Rights Movement (1955–1968) refers to the social movements in the United States aimed at outlawing racial discrimination against black Americans and restoring voting rights to them. The emergence of the Black Power Movement, which lasted roughly from 1966 to 1975, enlarged the aims of the Civil Rights Movement to include racial dignity, economic and political self-sufficiency, and freedom from oppression by white Americans.

The movement was characterized by major campaigns of civil resistance. Between 1955 and 1968, acts of nonviolent protest and civil disobedience produced crisis situations between activists and government authorities. Federal, state, and local governments, businesses, and communities often had to respond immediately to these situations that highlighted the inequities faced by African Americans. Forms of protest and/or civil disobedience included boycotts such as the successful Montgomery Bus Boycott (1955–1956) in Alabama; “sit-ins” such as the influential Greensboro sit-ins (1960) in North Carolina; marches, such as the Selma to Montgomery marches (1965) in Alabama; and a wide range of other nonviolent activities.

Noted legislative achievements during this phase of the Civil Rights Movement
were passage of Civil Rights Act of 1964, that banned discrimination based on “race, color, religion, or national origin” in employment practices and public accommodations; the Voting Rights Act of 1965, that restored and protected voting rights; the Immigration and Nationality Services Act of 1965, that dramatically opened entry to the U.S. to immigrants other than traditional European groups; and the Fair Housing Act of 1968, that banned discrimination in the sale or rental of housing. African Americans re-entered politics in the South, and across the country young people were inspired to action.

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