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History of voting rights give us the ballot essay
The history of voting rights essay
An essay on rights of voting
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The case of Gomillion v Lightfoot is a Supreme Court case ruling on the 15th amendment. The case has to do with an act of the Alabama legislature re-drew the electoral district boundaries of Tuskegee, and to replace what had been a area with a square shape into a 28 sided figure. The consequence of the new district was to exclude essentially all blacks from the city limits of Tuskegee and place them in a district where no whites lived. This caused voter dilution, which diminishes a minority group's political power by weakening the effectiveness of its vote. This was a relatively new issue for the Supreme Court to deal with. Looking at past cases dealing with similar issues, Baker v. Carr is a an example that shows how redistricting was looked at as a justiciable issue by the Supreme court, prior to Gomillion v. Lightfoot. The Supreme Court had usually left redistricting as a matter that should dealt with by the states and congress. This can also be seen in Colegrove v. Green, in which Justice Frankfurter declined to involve the Court in the districting process arguing that the political nature of apportionment disallowed judicial intervention. The Significance: Prior to this ruling, the U.S. Supreme Court had been hesitant to obstruct with the rights of states to create political boundaries in their own towns and cities. This case nevertheless confirmed that states can’t use their power to deprive citizens of their voting rights which are guaranteed by the Fifteenth Amendment. The Impact: This case caused a shift in the Supreme Court's logic and involvement with political redistricting cases. In future cases, the Supreme Court ruled that redistricting be done according to population. Though gerrymandering, which is the act or... ... middle of paper ... ...retation is long: • Birth - "All persons born or naturalized" "are citizens" of the U.S. and the U.S. State where they reside (14th Amendment, 1868) • "Race, color, or previous condition of servitude" - (15th Amendment, 1870) • "On account of sex" - (19th Amendment, 1920) • In Washington, D.C., presidential elections (23rd Amendment, 1961) • (For federal elections) "By reason of failure to pay any poll tax or other tax" - (24th Amendment, 1964) (Wikipedia) Although establishing rights for many different members of society, the voting rights act isn’t the end of this concern. We can learn from history that the interpretation of voting rights will always be in question by some new player. The best we can do is to understand that voting rights in American history has had much to with time and place, thus the reason for the ongoing change in the interpretation.
Brown decision holds up fairly well, however, as a catalyst and starting point for wholesale shifts in perspective” (Branch). This angered blacks, and was a call to action for equality, and desegregation. The court decision caused major uproar, and gave the African American community a boost because segregation in schools was now unconstitutional. The government started to create programs that would make Americans hate and fear communists, and make them seem like the enemy.
This amendment was created during the reconstruction phase attempting to reunite this country after the brutal battles of the Civil War. Henretta and Brody emphasize how the Republicans were progressing in a direction to sanctify the civil rights of the black community. These authors contend the vital organ of the document was the wording in the first section. It said “all persons born or naturalized in the United States were citizens.” No state could abridge “the privileges or immunities of citizens of the United States”; deprive “any person of life, liberty, or property, without due process of law”; or deny anyone “the equal protection of the laws.”2 Imagine the problems that could arise in the country if repeal were to come to a realization. Henretta and Brody point out how the wording in section 1 of the document was written in a way that could be construed as inexplicit. The reason for this was for the judicial system and Congress could set an example for balance in due process here in the
Today, the citizens of the United States must push Congress to formulate an oversight measure to fix voter disenfranchisement. By itself, Supreme Court Ruling Shelby County, Alabama v. Holder does minimal damage to the voting process of the United States. The court ruled discriminatory practices of district actions half a century old unconstitutional, but left a responsibility for Congress to modernize the Voting Rights Act, to ensure that no district nor individual is discriminated against. Given the history of the United States’s voter suppression and the original need for the Voting Rights Act, a new, modern voter equality policy is of dire importance.
.... This new amendment prohibited the states to deny the right to vote because of race.
In the Dred Scott case, serious constitutional questions were raised when the U. S. Supreme Court ruled that Scott and other slaves were not considered citizens, because the constitution gave the right of citizenship only to members of the white race. This “bombshell” decision galvanize opposition to slavery among northerners who were outraged that Mr. Scott could not sue in court for his freedom. Though Mr. Scott claimed that because he had lived as a resident of a free state he was considered a free man, the U. S. Supreme Court declared that the federal government did not have the power to prohibit slavery in federal territories. Therefore the Supreme Court’s “threatening and immoral” ruling in this case annulled the Missouri Compromise, a Congressional act passed in 1820 that allowed Missouri to be admitted as a slave state, while prohibiting slavery in the Louisiana Purchase north of latitude 36°30′N. Furthermore, for northerners who opposed slavery and wanted it outlawed, this decision implied that slavery could openly and freely move into the north. Outraged filled the
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...
In overturning the decision made in Betts v. Brady the Court made a very important and strong statement that took a step in the direction of a fair democracy. This decision was as follows, in Betts v. Brady the Court decided that the due process clause of the 14th amendment was fulfilled, even if the defendant(s) are not provided legal counsel to present their
However, it does not speak about states needing to draw districts boundaries based on their representatives.Not only is it very controversial, state legislatures and politicians are taking advantage of the broken system. Based on what district an individual lives in sometimes their vote would not count or one county's vote counts more than another. This system of apportionment is a complicated system that your average American citizen doesn’t get nor understands. Throughout apportionment which turns into malapportionment on many occasions, there is an underlying or hidden reason as to why state legislatures use this approach. Whether it’s to keep their party in power or to not grant certain group's voting
The first person to speak before the court was Misha Tseytlin, he was speaking on behalf of the appellants. One of his main arguments was that they are “shift districting” by moving the power to determine the maps from the federal officials to the courts. The first person to respond to him was Anthony Kennedy. He said that there has not been a case yet that helped solve this problem, but this could be the first. He also stated that this could possibly be a 1st amendment problem, but Tseytlin disagreed and said it was neither a problem with that nor the 14th amendment. The next point Misha made was that “political and racial gerrymandering are often raised together”. The first justice to respond to this was Ruth Ginsberg. She talked about a previous case called the “Max black plan” which was an attempt by the legislature to make as many African American districts as
Starting with methods, such as, pool taxes and literacy tests, cunningly denying individuals their right to vote or convey their political voice continues in America today. Saito in the article “The Political Significance of Race” describes the effects that redistricting and gerrymandering can have on a community, by using the decennial census as a “unique opportunity to examine the relation between race and politics because the 1965 Voting Rights Act requires the recognition and protection of the political rights of ethnic and racial minorities” (120). Redistricting is the redrawing of districts, block by block supposedly to ensure each district has about the same number of people, and to guarantee that each voter has an equal political say. Redistricting can determine which political party is in power in each district by deliberately ensuring the district is drawn to include the people who support a specific party. This is called gerrymandering, the manipulation of district lines to protect or change political power. This can be used as a strategy to dilute the political voice of minority groups by conveniently drawing the lines to minimize their
4. The Court overstepped its prescribed authority, in its ruling, by violating the separation-of-powers doctrine in an attempt to achieve the best possible outcome: “the plurality seems to view it as its mission to Make Every thing Come Out Right, rather than merely to decree the consequences…” (pg. 319).
This case established the power of judicial review in the U.S. Supreme Court. This power was later extended to all Federal Courts. This empowered Federal Courts to decide legal issues raised by state constitutions and common-law decisions that may violate the Constitution. They are to review laws that are enacted by The President and Congress, identify and invalidate those that violate the Constitution of the United States.
Nearly every state has its own qualifications and requirements concerning who can vote and under what circumstances. For example, Maryland voters must only present identification if they have never voted before and if they did not register in person, while Californian voters are not required to show any form of identification to vote. These qualifications are primarily decided by the state, with general guidelines being provided by the Constitution and the federal government. However, in certain situations, the federal government must intervene to determine the constitutionality of a certain law.
The right to vote is one of the most highly esteemed freedoms available to citizens in a democracy. For decades, political scientists have deliberated why so many Americans choose not to exercise their right to vote and to take part in the democratic process. Americans in cities, in particular, vote overwhelmingly less than they do in suburban and rural areas. While political scientists have often explained lower voter turnout as a consequence of a lack of education, low income, age, declining trust in government, and uncompetitive elections, only a few have studied the time costs associated with voting (Baretto, 445; Haspel and Knotts, 561). Even though fifty years have passed since the Voting Rights Act enfranchised marginalized citizens across America, the costs associated with voting continually prevent equal access to the ballot. One substantial cost for voting is a citizen’s ability to
Will and in this essay the author challenges the citizenship status of children born to illegal immigrants. Will argues that the 14th Amendment, which grants citizenship to any person born in the United States, is being misinterpreted. He explains how this misinterpretation leads to the actual act of illegal immigration. For example, by essentially rewarding the children of illegal immigrants with an American citizenship Will demonstrates how this provides an incentive for illegal immigration. The author makes clear the idea that when the 14th Amendment was written in 1866 it could not have included illegal immigrants since that concept did not exist at that time. He continues by using Indians as an example of people not included in the 14th Amendment since Indians and their children owed allegiance to their tribes. Finally, the author uses a decision by the Supreme Court in 1884 that declared both person and country must consent to the citizenship; therefore, if the source is illegal then the child should not be considered a