10.3 Voting rights and electoral discrimination

Voting rights in the US have evolved from limited suffrage for white male property owners to broader protections for all citizens. Key amendments and legislation, like the Voting Rights Act of 1965, expanded access and banned discrimination, but challenges persist.

The Supreme Court plays a crucial role in shaping voting rights through landmark cases. Decisions like Shelby County v. Holder and Brnovich v. DNC have redefined federal oversight and state control, impacting how voting laws are implemented and challenged nationwide.

Historical Context and Landmark Cases

History of US voting rights

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• Pre-Civil War era saw voting restricted to white male property owners gradually expanded to non-property-owning white males
• Post-Civil War amendments expanded rights:
  • 13th Amendment abolished slavery
  • 14th Amendment guaranteed equal protection under the law
  • 15th Amendment prohibited racial discrimination in voting
• Jim Crow era introduced discriminatory practices (poll taxes, literacy tests, grandfather clauses)
• Civil Rights Movement intensified activism for voting rights culminated in March on Washington (1963) and Selma to Montgomery marches (1965)
• Voting Rights Act of 1965 banned discriminatory voting practices established federal oversight in certain jurisdictions
• Subsequent amendments strengthened protections:
  • 1970 implemented nationwide ban on literacy tests
  • 1975 extended protection to language minority groups
  • 1982 introduced results test for proving discrimination

Supreme Court cases on voting

• Shelby County v. Holder (2013) struck down Section 4(b) of Voting Rights Act eliminated preclearance requirement for certain jurisdictions deemed formula outdated
• Brnovich v. Democratic National Committee (2021) upheld Arizona voting restrictions established new guidelines for Section 2 of Voting Rights Act considered factors like size of burden and degree of departure from standard practice
• South Carolina v. Katzenbach (1966) affirmed constitutionality of Voting Rights Act
• Harper v. Virginia Board of Elections (1966) invalidated poll taxes as unconstitutional
• Crawford v. Marion County Election Board (2008) upheld constitutionality of voter ID laws

Impact of Voting Rights Act

• Immediate effects increased voter registration among minority groups eliminated many discriminatory practices
• Long-term consequences led to growth in minority representation in elected offices expanded language assistance for voters
• Ongoing challenges include:
  • Implementation of voter ID laws
  • Gerrymandering and redistricting disputes
  • Debates over mail-in voting and early voting policies
• Post-Shelby County landscape saw increased state-level voting restrictions made challenging potentially discriminatory laws more difficult
• Persistent debates center on balancing state control of elections with federal oversight addressing new forms of voter suppression

Supreme Court's role in elections

• Constitutional interpretation defines scope of 14th and 15th Amendments balances federal power with states' rights
• Statutory interpretation clarifies provisions of Voting Rights Act determines standards for proving discrimination
• Judicial review of voting laws strikes down unconstitutional restrictions upholds reasonable regulations
• Court's approach evolved from initial broad support for federal intervention to gradual shift towards deference to states
• Court decisions shape implementation of voting rights legislation influence future legislative efforts
• Ongoing challenges include adapting to changing demographics and voting patterns addressing technological advancements in voting systems (electronic voting machines, online registration)