Section 2 prohibits standards, practice (s), or procedures (s) that deny or abridge the right of any citizen of the United States to vote on the account of color or race. This was further extended by the congress in 1975 to protect the members of minority groups and also…
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Section 2 allows individuals, non-governmental organizations and the attorney general to file civil actions in order to seek injunctions, preventive, and permanent relief from the section’s violation. Having noted that, many will agree that the section was destined to achieve greater heights in voter right protection than it is currently. However due to its broad text, section 2 has failed to address comprehensively the problem of discrimination in the states which have a History of discrimination, leave alone providing a lasting solution.
Section 2 of the Voter Rights Act is more reactive than being proactive in the essence that often the damage has already been done to a group of voters by a state that cannot be remedied after a voting –related deadline, or an election has passed. Moreover the cost and expediency of voter rights Act enforcement under section 2 has proved to be a nightmare for the plaintiffs’ who cannot afford the resources required to litigate fact-intensive cases. Though this has since been resolved through the partly involvement of the department of justice to essentially assume plaintiffs’ costs for section 2 suits by either initiating the action itself or intervening in support of the plaintiff, it’s still a course for concern for the cost effectiveness availed by the section.
It’s well known that section 2 vote dilution standards are fairly well developed in the courts. In the section’s vote dilution cases, plaintiffs are usually required to first pass the Gingles test-from the case Thornburg v. Gingles- then an effect test. This is intended to prove that the plaintiff’s vote has been diluted based on the current voting district boundaries by proving that had the boundaries been drawn differently, the minority population would have the voting power to elect a candidate of its choice. However as earlier noted, this seems to be more of reactive than
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This amendment failed to explicitly prohibit vote discrimination on racial grounds.
Soon after the failure of Reconstruction, southern states found other means besides those enumerated in the Fifteenth amendment to deny the vote to blacks, through violence, intimidation, via Jim Crow laws that included literary tests, poll taxes, and also grandfather clauses that permitted otherwise disqualified voters whose grandfathers voted( thus allowing some white illiterates to vote), some with the aim and effect of re- imposing racially motivated restrictions on the voting process that prevented blacks from having political rights, and economic power.
Dr. Martin Luther King thought that the government had to do something in order to end the segregation that persisted within the society while ensuring that there was equality in opportunity (Rauchut, 2008, 162). For this reason, Dr. King came to Washington and made his famous speech titled “I Have a Dream” that was intended to give hope to the oppressed while pushing the government to instigate reforms.
The Supreme Court of the United States is the ultimate arbiter of constitutional issues and the history of voter’s rights is a long and contentious one. The Court changes its position slowly and sometimes only due to the prompting of Congressional amendments to the constitution and legislation, such as the Voting Rights Act of 1965.
The movement’s main form of resistance was civil disobedience which was supported by acts of nonviolent protest including sit-ins in Greensboro (1960), and marches, such as, those from Selma to Montgomery in 1965. This scenario induced a situation of the crisis between the authorities and the Civil Rights activists.
However, despite the constitutional amendment, many States implemented regulations which actually discriminated in terms of voting rights. Restrictions such as literacy, poll taxes, property rights etc were put in place to discourage certain groups from voting and gain undue advantage in elections.
When there is a sizable difference between the ideals of society and its actual achievements society moves to bring change. These movements are caused through long oppression of religious, racial, gender suppression and working classes succeeding in the very eyes of the world, among them are the U.S. Civil Rights Movement and many more.
The Baker v. Carr case brought before the U.S. Supreme Court in 1962 marked the beginning of the end for the discriminatory manipulation of voting districts and was the main instigator for the Voting Rights Act of 1965. This discussion
The Virginian Richard Henry Lee submitted Lee’s resolution to the Continental Congress, on June 7, 1776, following the order of this convention. It is also called resolution of Independence because it provided the United American Colonies independence from British
These two terms have remained almost synonymous though they have marginal differences. Declaration of independence formed the basis of American struggle to achieve civil liberty and rights as this was considered the back bone of an inclusive
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