The Times They Are A-Changin’: Section 5 of the Voting Rights Act is outdated
Section 5 of the Voting Rights Act of 1965, which is meant to protect against discriminatory voting practices, might have been appropriate during the civil rights movement; the times that Americans now live in, however, render it moot.
Racial bias is no longer nearly as problematic as it was in 1965. Section 5 is an archaic way of dealing with a disproportionately miniscule issue.
According to the Department of Justice, the Attorney General receives about 15 thousand to 24 thousand voting changes per year. Authorizing them for the southern states becomes a huge and unnecessary burden. Since Section 5 was enacted, the Attorney General has only objected to about one percent of proposed changes to voting laws been objected. With the great strides that our country has taken, in terms of equality, Section 5’s drastic measures have become extraneous. Removing Section 5 relieves counties from the burden of such ludicrous federal scrutiny.
Additionally, the provision is aimed specifically towards southern states. Extending Section 5 perpetuates the stereotype that racial discrimination exists only in the South. As Chief Justice John Roberts pointed out, however, black voter registration and turnout is higher today in red Mississippi than it is in blue Massachusetts.
It is important to note that regardless of the court’s decision, the Voting Section, a special committee created by the act, will continue to undertake investigations of discriminatory voting practices. Should a problem arise, Section 2 of the Voting Rights Act offers a cleaner, simpler solution by prohibiting unfair procedures.
While the article may have been warranted the first few years, it is not necessary today. As Chief Justice Antonin Scalia brought up, many legislators feel a sense of “racial entitlement,” unfairly highlighting a supposed indebtedness to minorities and disregarding individual rights. This is not adequate justification for the law’s renewal.
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