Unique Provisions of the VRA
"the Voting Rights Act of 1965 presents a single, unified program to achieve voting equality."
- Duke Law Journal, Vol. 463, No. 2 (Spring, 1966), pp. 463-483
The revolutionary VRA outlawed discriminatory voting practices such as literacy tests. Unique enforcement mechanisms were applied to jurisdictions with a history of voter discrimination. Department of Justice officials intervened to remedy discriminatory voter registration practices with no possibility of judicial appeal. This marked the first time the federal government infringed upon voting practices that historically fell under a state's control.
" It provides an administrative process which operates independently of the judiciary in locating and terminating discriminatory practices, thus assuring immediate registration of Negroes heretofore deprived of their right to vote."
- Duke Law Journal, Vol. 463, No. 2 (Spring, 1966), pp. 463-483
- Duke Law Journal, Vol. 463, No. 2 (Spring, 1966), pp. 463-483
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Section 2
"No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed"
- The Voting Rights Act of 1965 |
Section 3 - Federal Examiners
"federal examiner...review the qualifications of persons who wanted to register ...federal observers monitor activities within county's polling place"
- The Voting Rights Act of 1965 |
Section 4 - Trigger Formula
(Click picture to enlarge)
"established a formula to identify those areas and to provide for more stringent remedies where appropriate."
- The Voting Rights Act of 1965 |
Section 5 - Federal Pre-clearance
"covered jurisdictions to obtain federal approval before making any changes to their elections laws or voting procedures"
- Defining Moments, The Voting Rights Act of 1965, Laurie Hillstrom, pgs. 97-98 |
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"none of these major enforcement mechanisms relied in any way upon either locale-by-locale requirements of proving discriminatory practices in potentially time-consuming court suits or on judicial enforcement of the right to register and vote"
- Voting Rights Act in Historical Perspective, David Garrow, Historian, 1990 |
Rationale for Section 5 (Pre-Clearance)
"We knew it [Section 5 pre-clearance] looked awkward ... but we wanted maximum support for the legislation"
- Ramsey Clark, Attorney General, LBJ Administration, March 25, 2013 |
"the rationale for this section 5 pre-clearance requirement was because .. there was a history of discrimination as it related to the franchise"
- Rep Hakeem Jeffries, CSPAN , February 25, 2013 |
"The Voting Rights Act of 1965, with its triggering device and automatic remedies, not only provides an effective means to eradicate voting inequality but also accentuates the breadth and variety of congressional power under the fifteenth amendment."
- Voting Rights Act of 1965, Duke Law Journal, Vol 463, 1966