Voting Rights Under Attack as GOP Seeks to Overturn Historic Civil Rights Law

Common Dreams staff, Published on Friday, September 7, 2012 by Common Dreams

Civil rights leader Rep. John Lewis (D-GA) told the audience at the Democratic National Convention Thursday night, “we have come too far together to ever turn back,” warning that Republican-led voter suppression laws are takingAmerica back to the days when states had the right to deny voting capabilities to minority voters. Voting rights for minority voters continue to come under attack as Republican leaders are now turning to the Supreme Court to overturn historic civil rights legislation.

Several federal judges recently struck down voter suppression laws in multiple states, introduced by Republican legislators and governors, such as voter identification laws, provisional voting restrictions, limits on voter registration drives, and reduced availability for early voting.

The court rulings inFlorida,Ohio,Texas, andWisconsin, marked a widespread rejection of so called ‘voter fraud’ legislation, which seeks to greatly limit who can and cannot vote.

However, as Chris McGreal at the Guardian reports today, “Several state governments are [now] looking to the conservative-leaning supreme court, which has already expressed its doubts about racially-based policy,” in order to overturn these rulings. This step would seek to challenge the historic Voter Rights Act of 1965, which gave the federal government some control over voting rules in states with a history of blocking African Americans from voting.

In question is Section 5 of the Voting Rights Act, which requires “pre-clearance” for nine states –Alabama,Alaska,Arizona,Georgia,Louisiana,Mississippi,South Carolina,TexasandVirginia– before making changes to voting laws or procedures.

Civil rights leaders and activists have expressed concern over whether the Supreme Court will actually uphold this anti-discrimination law.

“The question is not whether Section 5 of the voting rights act will be struck down, but when and how. Will it die a death of a thousand cuts? Or will it be killed with one swift blow?” Nathaniel Persily, a ColumbiaUniversitylaw professor, told the Guardian.

“There has been a proliferation of cases that aim to take down and rip out this core provision of the Voting Rights Act,” said Debo Adegbile, acting president and lead counsel of the NAACP legal defense fund. “I think it’s fair to say that the supreme court invited these challenges.”

Speaking to the DNC Thursday, Lewis continued:

Brothers and sisters, do you want to go back? Or do you want to keepAmericamoving forward? My dear friends, your vote is precious, almost sacred. It is the most powerful, nonviolent tool we have to create a more perfect union. Not too long ago, people stood in unmovable lines. They had to pass a so-called literacy test, pay a poll tax. On one occasion, a man was asked to count the number of bubbles in a bar of soap. On another occasion, one was asked to count the jelly beans in a jar—all to keep them from casting their ballots.

Today it is unbelievable that there are Republican officials still trying to stop some people from voting. They are changing the rules, cutting polling hours and imposing requirements intended to suppress the vote. The Republican leader in the Pennsylvania House even bragged that his state’s new voter ID law is “gonna allow Governor Romney to win the state.” That’s not right. That’s not fair. That’s not just.

Source URL: http://www.commondreams.org/headline/2012/09/07-4

The GOP’s Disgusting New Southern Strategy: Take the Vote Away from Blacks, Roll Back the Civil Rights Movement

By Sherrilyn Ifill,  The RootSeptember 4, 2012  |

This article first appeared in TheRoot.com [3].

Excerpt

…Republican Party efforts to diminish minority voting strength for this year’s presidential election are a sobering reminder that the struggle for full civil rights is not over.…The GOP’s war on voting is a serious attack on the fundamental workings of our democracy…

Richard Nixon’s political “Southern strategy” [12] was nationalized….By the 1980s, Republican political operative Lee Atwater had turned the politics of race and fear into an art formit was Barack Obama’s campaign in 2008 that was the real political transformative moment…shook the very foundations of the Southern strategy and left the Republican Party reeling.

…The party has, in effect, abandoned serious engagement with the essence of political activism: trying to persuade voters to support the candidates and viewpoints of one or another political party…

As a result, the Republican Party is now a minority party that still demands majority power…This is why the Republican war on voting should not be viewed solely through the lens of race. Instead it should be seen as part of a larger attack on political participation, with deep historical roots that hark back to the darkest days of American democracy….Republican voter-suppression efforts are a sobering reminder that we are only half a century removed from the time when, in many states, voting strength was based on race, wealth and place…This is what voter fraud really looks like, and all Americans, not just African Americans, stand to lose.

Full text

In states from Florida to Pennsylvania, Republican Party efforts to diminish minority voting strength for this year’s presidential election are a sobering reminder that the struggle for full civil rights is not over. But it’s not only black voters who should be concerned about Republican voter-suppression tactics. The GOP’s war on voting is a serious attack on the fundamental workings of our democracy. It is, at its core, an attempt to negate the important victories of the early 1960s that laid the foundation of our modern representative democracy.

To understand the breadth of the threat represented by voter-ID laws and other new practices designed to suppress votes in Democratic districts, it’s important to realize that the effort to dismantle obstacles to voting rights for black voters in the South during the early 1960s did more than just enfranchise African Americans. It exposed the myriad ways in which key aspects of the American electoral system were fundamentally unfair for all voters. In particular, the disproportionate power afforded to underpopulated rural jurisdictions over the more populous cities was corrected by the Supreme Court in a series of cases that dismantled the framework of unequal voting power that had existed in the South since the turn of the 20th century.

The door opened in 1962 when, in Baker v. Carr [4], the Supreme Court decided that it could rule on cases raising constitutional challenges to state apportionment practices. In that case, the challenge was to Tennessee’s failure for more than 60 years to adjust its state legislative districts, despite massive changes in the state’s population. A year later, in Gray v. Sanders [5], the court outlawedGeorgia’s county-unit voting system, a vote-counting scheme that benefited less populous counties in the state.

In the most important and influential of these decisions, Reynolds v. Sims [6], the court announced the now internationally recognized bedrock principle of voting equality: one person, one vote. These cases rooted out practices advanced principally in the South that, by weighting votes in favor of rural areas, gave land and cattle greater voting strength than people.

The principles announced in those cases are now such a part of our understanding of fairness in representative democracy that it’s hard sometimes to remember that they are only 50 years old. In short, the fight to remove obstacles designed to keep blacks and the undereducated from voting — like the poll tax [7], the literacy test [8] and the understanding clause [9] (in which a registrant would be asked to “interpret” a section of the state constitution) — should be understood within the context of the larger effort to bring equity to a voting system that had been fixed in favor of Southern, rural land-owning elites.

By 1966, after the last of these and other barriers had been removed by the Supreme Court [10] and by the passage of the Voting Rights Act [11], we’d begun the decades-long battle — still under way — to ensure that state and federal officials would enforce the laws that the Supreme Court had upheld. Once these structural barriers to voting were removed, those Southern white Dixiecrats (who formed the base of the modern post-civil rights Republican Party) committed to maintaining their political power and shifted their tactics to adjust to the new normal.

Because black and urban voters now proved a crucial vote in elections throughout the country, the politics of race-based fear increased and spread rapidly to the North. There, entrenched powers also sought to marginalize the potential for new voters to change the political landscape.

Richard Nixon’s political “Southern strategy” [12] was nationalized. Candidates who promised “law and order” flourished after the urban riots in Los Angeles’ Watts and inNewark,N.J. The idea of candidates who would “return”America to its former glory grew in currency. By the 1980s, Republican political operative Lee Atwater had turned the politics of race and fear into an art form, with Willie Horton launched as the poster child for how to manipulate white swing voters.

Despite the reference to Sarah Palin’s vice presidential nomination as a game changer in HBO’s titular movie [13], it was Barack Obama’s campaign in 2008 that was the real political transformative moment. Obama’s ability to peel off the support of voters in three states of the old Confederacy [14] — Virginia, Florida and North Carolina — shook the very foundations of the Southern strategy and left the Republican Party reeling.

The party’s initial instinct was to try to undercut the president’s “postracial” appeal, with party leaders asking Louisiana Gov. Bobby Jindal to provide the response [15] to President Obama’s first State of the Union address, and selecting former Maryland Lt. Gov. Michael Steele as chair of the Republican National Committee [16]. Both of these decisions soon proved hasty and ill-advised.

Now, it seems, the Republican Party is done with politics. The party has, in effect, abandoned serious engagement with the essence of political activism: trying to persuade voters to support the candidates and viewpoints of one or another political party. Urban voters, blacks, Latinos, young people and now perhaps even a majority of women voters appear beyond the reach or interest of the GOP.

As a result, the Republican Party is now a minority party that still demands majority power. And perhaps this is why the party appears determined to shrink the majority, borrowing from pre-civil rights-era Southern states that used voting and election laws to manipulate the voting strength of the electorate.

This is the context in which we should understand Republican election officials’ decision in Cincinnati last month to limit early voting in urban voting enclaves, while they guaranteed weekend voting and more flexible early voting hours in rural and suburban counties [17]. Ending weekday early voting at 5 p.m. and canceling weekend early voting in Ohio’s most populous cities would ensure that working voters in these jurisdictions became second-class citizens to their counterparts who live outside the metro areas. A recent federal court decision [18] requiring uniform early voting hours for all voters in the state may have reversed this plan.

This is why the Republican war on voting should not be viewed solely through the lens of race. Instead it should be seen as part of a larger attack on political participation, with deep historical roots that hark back to the darkest days of American democracy. Combined with the effects of the Supreme Court’s Citizens United [19] decision, Republican voter-suppression efforts are a sobering reminder that we are only half a century removed from the time when, in many states, voting strength was based on race, wealth and place. These new voter-suppression tactics bring us perilously close to reliving those days.

This is what voter fraud really looks like, and all Americans, not just African Americans, stand to lose.

Sherrilyn A. Ifill is a professor of law at the University of Maryland Francis King Carey School of Law and a civil rights lawyer.

See more stories tagged with:

voting rights [20],

civil rights movement [21],

u.s. supeme court [22],

gop war on voters [23]


Source URL: http://www.alternet.org/gops-disgusting-new-southern-strategy-take-vote-away-blacks-roll-back-civil-rights-movement

Links:
[1] http://www.theroot.com
[2] http://www.alternet.org/authors/sherrilyn-ifill
[3] http://www.theroot.com/views/ballot-box-tactic-historical-roots?page=0,0
[4] http://supreme.justia.com/cases/federal/us/369/186/case.html
[5] http://supreme.justia.com/cases/federal/us/372/368/case.html
[6] http://www.oyez.org/cases/1960-1969/1963/1963_23/
[7] http://www.americaslibrary.gov/jb/modern/jb_modern_polltax_1.html
[8] http://www.crmvet.org/info/lithome.htm
[9] http://civilrights.uslegal.com/voting-rights/grandfather-clauses-literacy-tests-and-the-white-primary/
[10] http://www.oyez.org/cases/1960-1969/1965/1965_48
[11] http://www.southernstudies.org/2012/08/voting-rights-act-key-to-rolling-back-new-voting-restrictions-in-the-south.html
[12] http://www.washingtonpost.com/wp-dyn/content/article/2005/07/13/AR2005071302342.html
[13] http://www.hbo.com/movies/game-change/index.html
[14] http://elections.nytimes.com/2008/results/president/map.html
[15] http://www.huffingtonpost.com/2009/02/24/bobby-jindal-respone-to-o_n_169704.html
[16] http://articles.cnn.com/2009-01-30/politics/rnc.chairman_1_michael-steele-party-members-katon-dawson?_s=PM:POLITICS
[17] http://www.nytimes.com/2012/08/15/opinion/overt-discrimination-in-ohio.html?src=recg
[18] http://news.cincinnati.com/article/20120831/NEWS/308310102/Judge-OK-s-Ohio-early-voting-weekend-before-election
[19] http://www.usnews.com/news/articles/2012/06/25/supreme-court-re-affirms-citizens-united
[20] http://www.alternet.org/tags/voting-rights
[21] http://www.alternet.org/tags/civil-rights-movement-0
[22] http://www.alternet.org/tags/us-supeme-court
[23] http://www.alternet.org/tags/gop-war-voters