Legislative changes: The Voting Rights Act of 1965
Why the Act was Needed
- The Voting Rights Act of 1965 was passed because the Civil Rights Act of 1964 did not fully guarantee equal voting access, especially in the South. African Americans continued to face suppression at the polls.
- The Civil Rights Act of 1964 fell short on voting rights. It lacked strong enforcement mechanisms against literacy tests, poll taxes, and other barriers. Instead, it focused on public accommodations and employment, leaving voter registration obstacles unresolved.
- Inspired by Freedom Summer and the Mississippi Freedom Democratic Party (MFDP) challenge, activists pushed for stronger protections.
- In January 1965, the SCLC, led by Martin Luther King Jr., launched a campaign in Selma, Alabama, facing violent resistance. This included the brutal beating of marchers on “Bloody Sunday” (March 7, 1965).
Case study
Selma Voting Rights Campaign
- It began in January 1965, led by the Southern Christian Leadership Conference (SCLC) under Martin Luther King Jr., alongside the Student Nonviolent Coordinating Committee (SNCC).
- The Selma campaign was both a voter registration drive and a series of protest marches. Activists worked to register African Americans to vote by helping them pass literacy tests, navigate complicated registration processes, and resist intimidation. Many Black residents were turned away or harassed by officials when trying to register.
- The local sheriff, Jim Clark, and deputized white men violently opposed these efforts, attacking peaceful protesters. The brutal events of “Bloody Sunday” on March 7, 1965, when state troopers beat marchers crossing the Edmund Pettus Bridge, were broadcast nationwide, shocking the public and increasing pressure for federal action.
Key Events and Leadership
- In response, King led a second march and then a successful third march to Montgomery.
- President Lyndon B. Johnson delivered a powerful address calling on Congress to pass voting rights legislation.
- On March 15, 1965, Johnson gave his “We Shall Overcome” speech, responding to Bloody Sunday. He invoked American unity and urged citizens to join the fight for justice. Quoting the civil rights anthem, he inspired solidarity.
Provisions of the Act
- The Voting Rights Act of 1965 outlawed discriminatory voting practices and significantly expanded federal oversight of elections.
- The Act banned literacy tests, allowed federal examiners to oversee registration in areas with histories of discrimination, and required federal preclearance before voting laws could be changed in certain jurisdictions.
- The law led to rapid increases in African American voter registration, especially in the South.
- Black legislators rose from 2 to 160 between 1965 and 1990, showing the transformative impact on political representation.
Ongoing Legal and Legislative Pushback
- Since 2013, efforts to restore the Act (e.g., the John Lewis Voting Rights Advancement Act) have faced partisan resistance in Congress.
- Legal battles continue over restrictive state-level measures such as voter roll purges, poll station closures, and limits on mail-in voting.
- These developments weaken the Act’s ability to prevent discrimination without strong federal oversight.
Case study
Supreme Court Decision in Shelby County v. Holder (2013):
- The Court struck down Section 4(b), which determined which jurisdictions required federal preclearance.
- Without it, Section 5’s enforcement was weakened, leaving many protections inactive.
- This allowed several states, especially in the South, to implement restrictive voting laws (e.g., voter ID laws, cutting early voting), disproportionately affecting minority voters.
