Topic > Section 5 of the Voting Rights Act - 1693

In 1965, in a time of racial discrimination in America and the emergence of a strong civil rights movement, Congress enacted the Voting Rights Act (VRA), which prohibits discrimination in voting. Congress could not end racial discrimination in voting by suing a jurisdiction, a state, etc. at a time. Rather, Congress passed Section 5 of the VRA, which required states and local governments with a history of racially discriminatory voting practices to obtain approval from the U.S. Attorney General or a three-judge panel to the US District Court for DC (“preclearace”) to make any changes to their voting practices. Section 4(b) states that the preclearance requirement applies to states and political subdivisions that have used a “test or device” to restrict voting and in which less than 50% of the population has been registered to vote, or has voted, in the 1964, 1968, or 1972 presidential election. Nine states and seven subdivisions in other states are subject to the requirements of Section 5, which has been amended three times and was reauthorized for another 25 years in 2006. The Supreme Court, however, she was skeptical about the constitutionality of the law. In the Supreme Court's decision on Austin Northwest Municipal Utility District No. 1 v. Holder (2009), the Court avoided the constitutionality of sections 4(b) and 5 of the VRA. Shelby County, Alabama is covered by Section 5 because all of Alabama is covered. The county went to court in Washington to repeal Section 5 of the VRA. In 2010, Shelby County, Alabama sued the attorney general in federal district court in Washington, D.C. Shelby County sought a declaratory judgment that sections 4(b) and 5 of the Voting Rights Act are unconstitutional, as well as a rule...... middle of paper......in their opinion, protected citizens' right to vote. The Constitution was also used in the majority opinion to support the repeal of section 4(b). Justice Roberts said Section 4(b)'s restrictions violate the Constitution, which gives the power to regulate elections to the states, not the federal government. Section 4(b) is a federal law that identifies the voting processes of certain states and jurisdictions. It can be said that Section 5 regulation and Section 4(b) coverage allow the federal government to control elections in covered areas. This case struck down Section 4(b) and effectively eliminated the use of Section 5 of the Voting Rights Act, which many consider an extremely significant act in the civil rights movement. Shelby County v. Holder was not replaced by any other case.