Recently, state-issued photo ID has been required in order vote since the law passed in the Texas legislature. This law has caused controversy as it brings up the question over the state’s power in the regulation of elections. “While pending review within the judicial system, the U.S. Supreme Court issued its opinion in Shelby County v. Holder, which effectively ended all pending litigation. As a result, voters are now required to present an approved form of photo identification in order to vote in all Texas Elections” (votetexas.gov). The U.S. Supreme Court struck down on Section 4(b) of the Voting Rights Act of 1965 in the Shelby County v. Holder case. Because of this decision, Section 5 was no longer enforceable, allowing states to pass …show more content…
Constitution place on state’s power to determine voter qualifications? Those limitations start with the Voting Rights Act of 1965. This act prohibits racial discrimination when voting in the local, state, and federal levels. “Section 2, which closely followed the language of the 15th amendment, applied a nationwide prohibition of the denial or abridgment of the right to vote on account of race or color” (ourdocuments.gov). Not since the reconstruction period after the civil war had there been such a “significant statutory change in the relationship between the Federal and state governments” (ourdocuments.gov). Though the states power regarding their voting laws had been restricted by the federal government, recentness has given back said power to the states. As aforementioned, Section 5 is no longer enforceable. But why? Section 4(b) was deemed unconstitutional in 2013 because of its “coverage formula” (civilrights.org), which used outdated methods to determine a states pre-clearance in Section 5. With Section 5 no longer enforced, Texas’ new voter ID law was able to take affect but is it compliant with federal
As noted in Document 1, the 14th Amendment explicitly affirmed: “…All persons born or naturalized in the United State, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws…” The 14th Amendment ------------ (lead into the 15th amendment) 15th Amendment: The Fifteenth Amendment granted all male citizens, regardless of “race, color, or previous condition of servitude” the right to vote.
It has allowed people to go and vote and not have to worry about voter fraud. According to the “Students Challenge Texas Voter ID Law in Court” article, 83% of the registered voters in Texas have agreed and supported this law (Rhodan M). Although the law has been in full motion for a couple years, I believe that the voter turnout will stay below the average number and will continue to for as long as the law stays in place. The reason I believe this will happen is because voters want to just go in and vote and then leave. Most people will say that there is, in short, absolutely no evidence that we have a problem that need’s solving, and yet here we have the Republican Party, the party that purports to just hate bureaucracy and intrusive big government and wasteful spending demanding that we spend tens of millions expanding the bureaucratic burden on ordinary citizens, taking down names and addresses all to solve a problem that doesn’t exist.
Even if individuals could read the administrator in charge could create impossible questions for an individual to answer before being able to register. With the Voting Rights Act of 1965 the literacy test and any discriminatory voting, practices were outlawed as prerequisites of voting. The 15th Amendment granted African American men the right to vote. The Voting Rights Act of 1965 enforced this amendment. The 19th amendment granted women the right to vote.
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
Voting means the right to choose and not being deprived of same on the basis of some kind of identity. In the recent years, state legislatures have implemented a law “Voter Identification”. These laws make the voters to show a proper identification card provided by the state that can identify the voter. In most of the cases the voter identification even requires a photo.
The 15th Amendment (Amendment XV), which gave African-American men the right to vote, was inserted into the U.S. Constitution on March 30, 1870. Passed by Congress the year before, the amendment says, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” Although the amendment was passed in the late 1870s, many racist practices were used to oppose African-Americans from voting, especially in the Southern States like Georgia and Alabama. After many years of racism, the Voting Rights Act of 1965 aimed to overthrow legal barricades at the state and local levels that deny African-Americans their right to vote. In the
Powell v. Alabama, 287 U.S. 45 (1932) History: Powell v. Alabama was a Supreme Court decision where nine African-American males on a train were accused of raping two young Caucasian-American women. This situation sparked an altercation between the African-American men on the train and a few other white males. After being taken into custody, the Black men were not given the right to counsel upon request, and initially (besides one individual) sentenced to death. Facts: in Scottsboro, Alabama during the year 1932, nine young African-American males better known today as the Scottsboro Boys proceeded to board an empty train that was preparing to travel through Alabama.
Since 2011 there has been a lot of controversy around Senate Bill 14 that requires voters to present a photo ID in Texas in order to exercise their right to vote. The bill was pass to reduce voter fraud. Some may argue that voter fraud is minimal in Texas, which is not even enough to make a big difference in elections. Or, they may posit that requiring a photo ID would discriminate against minorities and potentially run contrary to The Voting Rights Act.
Abidjan Bright Badih Elarba Texas Politics 1133.010 Fall 2015 Voter ID law in Texas It was in 2011 that the Legislature passed Bill 14 that allowed Texas to have a strict voter ID law for the November election. Many people were opposed to this because it limited many eligible citizens from voting causing a lower voter turnout than what Texas has already had. This is a major problem in Texas because majority of our population consists of immigrants from Mexico and many of them are still fighting for citizenship. Because of this law it is in question, how much power does our state actually have in the regulation of elections?
Obtaining photo ID can be costly and burdensome, photo ID laws create a new "financial barrier to the ballot box. It would have blocked hundreds of thousands of Hispanic voters from the polls just because they lack a state-issued photo
Voter identification laws have ben around since the 1950’s. South Carolina was the first state to require some kind of identification at the polls. No photo was require, just a document bearing the voters name. The first five state to establish a voter identification law were South Carolina, Hawaii, Texas, Florida, and Alaska. Since 2000, more and more states are getting stricter with their voter identification laws.
Spring Branch I.S.D. v. Stamos Supreme Court of Texas, 1985 695.S.W.2d 556 [27 Educ. L. Rep. 640] This case examined the constitutionality of the Texas Education Code 21.920 (b) “No Pass, No Play” rule: A student, other than a mentally retarded student, enrolled in a school district in this state shall be suspended from participation in any extracurricular activity sponsored or sanctioned by the school district during the grade reporting period after a grade reporting period in which the student received a grade lower than the equivalent of 70 on a scale of 100 in any academic class. The campus principal may remove this suspension if the class is an identified honors or advanced class. A student may not be suspended under this subsection
This law requires voters to provide identification in order to vote in elections. (Wilson, Brewer 2013). This law currently requires anyone wanting to participate in the elections process to provide the following forms of identification: passport, driver’s license, military
Voting arguably one of the greatest rights that we have as Americans. Voting gives the common person a voice for how our government should be ran. Since this next president election is so important, the conflict has risen if voters should have to present a photo identification at the polls to vote. An article from Chris Freind explains why photo identification should be required and an article from NPR explains why photo identification should not be required. Let us explore both articles and see which one comes up with the better argument.