155-464: The National Voting Rights Museum and Institute , established in 1991 and opened in 1993, is an American museum in Selma, Alabama , which honors, chronicles, collects, archives, and displays the artifacts and testimony of the activists who participated in the events leading up to and including the 1965 Selma to Montgomery marches , and passage of the 1965 Voting Rights Act , as well as those who worked for
310-619: A rebuttable presumption that persons with a sixth-grade education were sufficiently literate to vote. However, despite lobbying from civil rights leaders, the Act did not prohibit most forms of voting discrimination. President Lyndon B. Johnson recognized this, and shortly after the 1964 elections in which Democrats gained overwhelming majorities in both chambers of Congress, he privately instructed Attorney General Nicholas Katzenbach to draft "the goddamndest, toughest voting rights act that you can". However, Johnson did not publicly push for
465-432: A ballot or to have their vote properly counted, and "vote dilution", in which the strength or effectiveness of a person's vote is diminished. Most Section 2 litigation has concerned vote dilution, especially claims that a jurisdiction's redistricting plan or use of at-large /multimember elections prevents minority voters from casting sufficient votes to elect their preferred candidates. An at-large election can dilute
620-506: A brigade to destroy the bridge across the Cahaba River at Centreville, which cut off most of Forrest's reinforcements from reaching the area. He began a running fight with Forrest's forces that did not end until after the fall of Selma. On the afternoon of April 1, opening what would be the final full month of the war, and after skirmishing all morning, Wilson's advanced guard ran into Forrest's line of battle at Ebenezer Church, where
775-405: A committee meeting in which three liberal members were absent. Dirksen offered to drop the amendment if the poll tax ban were removed. Ultimately, the bill was reported out of committee on April 9 by a 12–4 vote without a recommendation. On April 22, the full Senate started debating the bill. Dirksen spoke first on the bill's behalf, saying that "legislation is needed if the unequivocal mandate of
930-456: A dash in the direction of Selma, but was misled by his guides and struck the railroad forty miles east of Montgomery . On March 30, 1865, Union General James H. Wilson detached Gen. John T. Croxton 's brigade to destroy all Confederate property at Tuscaloosa . Wilson's forces captured a Confederate courier, who was found to be carrying dispatches from Confederate General Nathan Bedford Forrest describing his scattered forces. Wilson sent
1085-426: A day and slept in nearby fields. The federal government provided protection in the form of National Guard and military troops. Thousands joined the march along the way. By the time the marchers reached the capital four days later, on March 25, their strength had swelled to around 25,000 people. Their moral campaign had attracted thousands from across the country. The events at Selma helped increase public support for
1240-410: A discriminatory effect , regardless of whether the practice was enacted or operated for a discriminatory purpose. The creation of this "results test" shifted the majority of vote dilution litigation brought under the Act from preclearance lawsuits to Section 2 lawsuits. In 2006, Congress amended the Act to overturn two Supreme Court cases: Reno v. Bossier Parish School Board (2000), which interpreted
1395-521: A discriminatory effect during the 5 years preceding its bailout request. Additionally, the bill included a "bail in" provision under which federal courts could subject discriminatory non-covered jurisdictions to remedies contained in the special provisions. The bill was first considered by the Senate Judiciary Committee , whose chair, Senator James Eastland (D-MS), opposed the legislation with several other Southern senators on
1550-558: A federal court order protecting their right to march, thousands of people left Selma on March 21, reaching Montgomery several days later. By then, they had been joined by thousands more, black and white, and 25,000 marchers entered the state capital to press for protection of constitutional voting rights. Later that summer the Voting Rights Act of 1965, introduced by the Johnson administration, was passed by Congress and signed by
1705-465: A highly effective anti-personnel ammunition. The Federals suffered many casualties (including General Long) but continued their attack. Once the Union Army reached the works, there was vicious hand-to-hand fighting. Many soldiers were struck down with clubbed muskets, but they kept pouring into the works with their greater numbers. In less than 30 minutes, Long's men had captured the works protecting
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#17327909356381860-523: A jurisdiction, and it would have imposed a nationwide ban on literacy tests for persons who could prove they attained a sixth-grade education. McCulloch's bill was co-sponsored by House minority leader Gerald Ford (R-MI) and supported by Southern Democrats as an alternative to the Voting Rights Act. The Johnson administration viewed H.R. 7896 as a serious threat to passing the Voting Rights Act. However, support for H.R. 7896 dissipated after William M. Tuck (D-VA) publicly said he preferred H.R. 7896 because
2015-509: A language minority group. Other general provisions specifically outlaw literacy tests and similar devices that were historically used to disenfranchise racial minorities. The act also contains "special provisions" that apply to only certain jurisdictions. A core special provision is the Section 5 preclearance requirement, which prohibited certain jurisdictions from implementing any change affecting voting without first receiving confirmation from
2170-790: A leader of the Alabama Sharecroppers Union , which worked from 1931 to 1936 to get better pay and treatment from white planters, was beaten by a mob near his field, taken to the jail in Selma and beaten more; his body was left in a field near Greensboro . In 1901, the state legislature passed a new constitution with electoral provisions, such as poll taxes and literacy tests , that effectively disenfranchised most blacks and tens of thousands of poor whites, leaving them without representation in government, and deprived them of participation in juries and other forms of citizenship. Selma, Dallas County and other jurisdictions carried out
2325-417: A local lynch mob, but the mob abducted Webb from the jail and killed him. In June 1893, a lynch mob numbering 100 men seized "a black man named Daniel Edwards from the Selma jail, hanged him from a tree, and fired multiple rounds into his body" for allegedly becoming intimate with a white woman. In the 20th century, African-Americans were also lynched for labor-organizing activities. In 1935, Joe Spinner Johnson,
2480-405: A majority of these factors need to exist for an electoral device to result in discrimination, and it also indicates that this list is not exhaustive, allowing courts to consider additional evidence at their discretion. No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even
2635-427: A manner which results in a denial or abridgement of the right ... to vote on account of race," color, or language minority status. Section 2 of the law contains two separate protections against voter discrimination for laws which, in contrast to Section 5 of the law, are already implemented. The first protection is a prohibition of intentional discrimination based on race or color in voting. The second protection
2790-508: A nighttime voting-rights march during which officer James Bonard Fowler shot and killed young African-American protester Jimmie Lee Jackson , who was unarmed and protecting his mother. Spurred by this event, and at the initiation of Bevel, on March 7 SCLC and SNCC began the first of the Selma to Montgomery marches , in which Selma residents intended to march to Alabama's capital, Montgomery , to highlight voting rights issues and present Governor George Wallace with their grievances. On
2945-417: A number of majority-minority districts that is proportional to the minority group's population size. The decision thus clarified that Section 2 does not require jurisdictions to maximize the number of majority-minority districts. The opinion also distinguished the proportionality of majority-minority districts, which allows minorities to have a proportional opportunity to elect their candidates of choice, from
3100-406: A number of reasons. Voting suits are unusually onerous to prepare, sometimes requiring as many as 6,000 man-hours spent combing through registration records in preparation for trial. Litigation has been exceedingly slow, in part because of the ample opportunities for delay afforded voting officials and others involved in the proceedings. Even when favorable decisions have finally been obtained, some of
3255-666: A politician and planter from North Carolina who was a future vice president of the United States. The name, meaning 'high seat' or 'throne', came from the Ossianic poem The Songs of Selma . During the Civil War , Selma was one of the South's main military manufacturing centers, producing many supplies and munitions, and building Confederate warships such as the ironclad Tennessee . The Selma iron works and foundry, where
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#17327909356383410-482: A protected class, “in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” § 10301(b). That is the “result” that amended Section 2 prohibits: “less opportunity than other members of the electorate,” viewing the State’s “political processes” as a whole. The new language was crafted as a compromise designed to eliminate
3565-409: A result “is established” if a jurisdiction’s “political processes * * * are not equally open” to members of such a group “in that [they] have less opportunity * * * to participate in the political process and to elect representatives of their choice.” 52 U.S.C. 10301 . [...] Subsection (b) states in relevant part: A violation of subsection (a) is established if, based on the totality of circumstances, it
3720-683: A stand next to the Plantersville Road (present day Broad Street). The fighting there was heavy, but by 7 p.m. the superior numbers of Union troops had managed to flank the Southern positions. The Confederates abandoned the depot as well as the inner line of works. In the darkness, the Federals rounded up hundreds of prisoners, but hundreds more escaped down the Burnsville Road, including generals Forrest, Armstrong, and Roddey. To
3875-405: A symbolic march over the bridge. By then local activists and residents had been joined by hundreds of protesters from across the country, including numerous clergy and nuns. White people made up one-third of the marchers. King pulled the marchers back from entering the county and having another confrontation with county and state forces. But that night, white minister James Reeb , who had traveled to
4030-467: A test to govern all VRA [Section 2] challenges to rules that specify the time, place, or manner for casting ballots. It is sufficient for present purposes to identify certain guideposts that lead to the Court's decision in these cases." The Court laid out these guideposts used to evaluate the state regulations in context of Section 2, which included: the size of the burden created by the rule, the degree which
4185-444: A total 46 Democratic and 20 Republican cosponsors. The bill contained several special provisions that targeted certain state and local governments: a "coverage formula" that determined which jurisdictions were subject to the Act's other special provisions ("covered jurisdictions"); a "preclearance" requirement that prohibited covered jurisdictions from implementing changes to their voting procedures without first receiving approval from
4340-514: A year after the Selma-to-Montgomery marches, nearly 11,000 black people had registered to vote in Selma, where 12,000 white people were registered. Registration increased by November, when Wilson Baker was elected as Dallas County Sheriff to replace the notorious Jim Clark . However, seven years later, black people had not been able to elect a candidate of their choice to the city council. The council's members were elected at-large by
4495-610: A young William Kehoe made bullets, was considered the second-most important source of weaponry for the South, after the Tredegar Iron Works in Richmond, Virginia . Half the cannon and two thirds of the fixed ammunition used by the Confederacy in the last two years of the war were made there. This strategic concentration of manufacturing capabilities eventually made Selma a target of Union raids into Alabama late in
4650-521: Is a city in and the county seat of Dallas County , in the Black Belt region of south central Alabama and extending to the west. Located on the banks of the Alabama River , the city has a population of 17,971 as of the 2020 census . About 80% of the population is African-American. Selma was a trading center and market town during the antebellum years of King Cotton in the South. It
4805-597: Is a prohibition of election practices that result in the denial or abridgment of the right to vote based on race or color. If the violation of the second protection is intentional, then this violation is also a violation of the Fifteenth Amendment . The Supreme Court has allowed private plaintiffs to sue to enforce these prohibitions. In Mobile v. Bolden (1980), the Supreme Court held that as originally enacted in 1965, Section 2 simply restated
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4960-400: Is known as the "compactness" requirement and concerns whether a majority-minority district can be created. The second and third preconditions are collectively known as the "racially polarized voting" or "racial bloc voting" requirement, and they concern whether the voting patterns of the different racial groups are different from each other. If a plaintiff proves these preconditions exist, then
5115-463: Is land and 0.6 square miles (1.6 km ) is water. As of the 2020 United States Census , there were 17,971 people, 7,612 households, and 4,517 families residing in the city. Voting Rights Act of 1965 District of Columbia The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting . It
5270-487: Is no longer necessary to establish any violation of the section. Section 2(b) provides guidance about how the results test is to be applied. There is a statutory framework to determine whether a jurisdiction's election law violates the general prohibition from Section 2 in its amended form: Section 2 prohibits voting practices that “result[] in a denial or abridgment of the right * * * to vote on account of race or color [or language-minority status],” and it states that such
5425-422: Is not only a permanent and nationwide-applying prohibition against discrimination in voting to any voting standard, practice, or procedure that results in the denial or abridgement of the right of any citizen to vote on account of race, color, or membership in a language minority group, but also a prohibition for state and local officials to adopt or maintain voting laws or procedures that purposefully discriminate on
5580-565: Is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The Office of the Arizona Attorney general stated with respect to
5735-814: The Civil Rights Division within the Department of Justice to enforce civil rights through litigation, and created the Commission on Civil Rights to investigate voting rights deprivations. Further protections were enacted in the Civil Rights Act of 1960 , which allowed federal courts to appoint referees to conduct voter registration in jurisdictions that engaged in voting discrimination against racial minorities. Although these acts helped empower courts to remedy violations of federal voting rights, strict legal standards made it difficult for
5890-409: The Civil War . Because of its military importance, Selma had been fortified by three miles of earthworks that ran in a semicircle around the city. They were anchored on the north and south by the Alabama River . The works had been built two years earlier, and while neglected for the most part since, were still formidable. They were 8 to 12 feet (2.4 to 3.7 m) high, 15 feet (4.6 m) thick at
6045-649: The Dallas County Voters League (DCVL). In 1963, under the leadership of Patricia Swift Blalock , the public library of Selma-Dallas County was integrated. Against fierce opposition from Dallas County Sheriff Jim Clark and his volunteer posse, black people continued their voter registration and desegregation efforts, which expanded during 1963 and the first part of 1964. Defying intimidation, economic retaliation, arrests, firings and beatings, an ever-increasing number of Dallas County blacks tried to register to vote, but few were able to do so under
6200-462: The Deep South . To appease legislators who felt that the bill unfairly targeted Southern jurisdictions, the bill included a general prohibition on racial discrimination in voting that applied nationwide. The bill also included provisions allowing a covered jurisdiction to "bail out" of coverage by proving in federal court that it had not used a "test or device" for a discriminatory purpose or with
6355-1084: The Reconstruction Era ended in 1877, enforcement of these laws became erratic, and in 1894, Congress repealed most of their provisions. Southern states generally sought to disenfranchise racial minorities during and after Reconstruction. From 1868 to 1888, electoral fraud and violence throughout the South suppressed the African-American vote. From 1888 to 1908, Southern states legalized disenfranchisement by enacting Jim Crow laws ; they amended their constitutions and passed legislation to impose various voting restrictions, including literacy tests , poll taxes , property-ownership requirements, moral character tests, requirements that voter registration applicants interpret particular documents, and grandfather clauses that allowed otherwise-ineligible persons to vote if their grandfathers voted (which excluded many African Americans whose grandfathers had been slaves or otherwise ineligible). During this period,
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6510-588: The Student Nonviolent Coordinating Committee (SNCC) pushed for federal action to protect the voting rights of racial minorities. Their efforts culminated in protests in Alabama , particularly in the city of Selma , where County Sheriff Jim Clark 's police force violently resisted African-American voter registration efforts. Speaking about the voting rights push in Selma, James Forman of SNCC said: "Our strategy, as usual,
6665-455: The U.S. attorney general or the U.S. District Court for D.C. that the change does not discriminate against protected minorities. Another special provision requires jurisdictions containing significant language minority populations to provide bilingual ballots and other election materials. Section 5 and most other special provisions applied to jurisdictions encompassed by the "coverage formula" prescribed in Section 4(b). The coverage formula
6820-560: The United States Constitution granted each state complete discretion to determine voter qualifications for its residents. After the Civil War , the three Reconstruction Amendments were ratified and limited this discretion. The Thirteenth Amendment (1865) prohibits slavery "except as a punishment for crime"; the Fourteenth Amendment (1868) grants citizenship to anyone "born or naturalized in
6975-476: The 1950s the Civil Rights Movement increased pressure on the federal government to protect the voting rights of racial minorities. In 1957, Congress passed the first civil rights legislation since Reconstruction: the Civil Rights Act of 1957 . This legislation authorized the attorney general to sue for injunctive relief on behalf of persons whose Fifteenth Amendment rights were denied, created
7130-450: The 1960s, black people who pushed the boundaries, attempting to eat at "white-only" lunch counters or sit in the downstairs "white" section of movie theaters, were still beaten and arrested. Nearly half of Selma's residents were black, but because of the restrictive electoral laws and practices in place since the turn of the century, only one percent were registered to vote, preventing them from serving on juries or serving in local office. All
7285-508: The 1960s. The city is focusing on heritage tourism, to build on its role as a major influence in civil rights and desegregation. Selma is one of Alabama's poorest cities, with an average income of $ 35,500, which is 30% less than the state average. One in every three residents in Selma lives below the state poverty line . Before discovery and settlement, the area of present-day Selma had been inhabited for thousands of years by various warring tribes of Native Americans . The Europeans encountered
7440-419: The Act's special provisions. Originally set to expire by 1970, Congress repeatedly reauthorized the special provisions in recognition of continuing voting discrimination. Congress extended the coverage formula and special provisions tied to it, such as the Section 5 preclearance requirement, for five years in 1970, seven years in 1975, and 25 years in both 1982 and 2006. In 1970 and 1975, Congress also expanded
7595-451: The Act. For instance, Congress expanded the original ban on "tests or devices" to apply nationwide in 1970, and in 1975, Congress made the ban permanent. Separately, in 1975 Congress expanded the Act's scope to protect language minorities from voting discrimination. Congress defined "language minority" to mean "persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage." Congress amended various provisions, such as
7750-688: The African-American Voting Rights and Women's Suffrage movements. As the museum describes in its mission statement, it recognizes other people, events, and actions which furthered America's Right to Vote since "the Founding Fathers first planted the seeds of democracy in 1776." The museum was founded by Faya Ora Rose Touré and Marie Foster . It is located near the Edmund Pettus Bridge . On this bridge on March 7, 1965, voting rights marchers who left
7905-596: The Chicago Board of Trade Battery in support. Gen. Emory Upton 's Division was placed across the Range Line Road with Battery I, 4th US Artillery in support. Altogether Wilson had 9,000 troops available for the assault. The Federal commander's plan was for Upton to send in a 300-man detachment after dark to cross the swamp on the Confederate right; enter the works, and begin a flanking movement toward
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#17327909356388060-541: The Civil Rights Act of 1964 expedited the hearing of voting cases before three-judge courts and outlawed some of the tactics used to disqualify Negroes from voting in federal elections. Despite the earnest efforts of the Justice Department and of many federal judges, these new laws have done little to cure the problem of voting discrimination. [...] The previous legislation has proved ineffective for
8215-412: The Civil Rights Act of 1964, but he expressed willingness to accept "revolutionary" legislation after learning about the police violence against marchers in Selma on Bloody Sunday. Given Dirksen's key role in helping Katzenbach draft the legislation, it became known informally as the "Dirksenbach" bill. After Mansfield and Dirksen introduced the bill, 64 additional senators agreed to cosponsor it, with
8370-605: The Confederate military, and the US military planned to take the city. Gen. William Tecumseh Sherman first made an effort to reach it, but after advancing from the west as far as Meridian, Mississippi , within 107 miles (172 km) of Selma, his forces retreated back to the Mississippi River. Gen. Benjamin Grierson , invading with a cavalry force from Memphis, Tennessee , was intercepted and returned. Gen. Rousseau made
8525-616: The Department of Justice to successfully pursue litigation. For example, to win a discrimination lawsuit against a state that maintained a literacy test, the department needed to prove that the rejected voter-registration applications of racial minorities were comparable to the accepted applications of whites. This involved comparing thousands of applications in each of the state's counties in a process that could last months. The department's efforts were further hampered by resistance from local election officials, who would claim to have misplaced
8680-500: The Department of Justice to sue the states that maintained poll taxes. To assuage concerns of liberal committee members that this provision was not strong enough, Katzenbach enlisted the help of Martin Luther King Jr., who gave his support to the compromise. King's endorsement ended the stalemate, and on July 29, the conference committee reported its version out of committee. The House approved this conference report version of
8835-494: The Fifteenth Amendment and thus prohibited only those voting laws that were intentionally enacted or maintained for a discriminatory purpose. In 1982, Congress amended Section 2 to create a "results" test, which prohibits any voting law that has a discriminatory effect irrespective of whether the law was intentionally enacted or maintained for a discriminatory purpose. The 1982 amendments stipulated that
8990-647: The Fifteenth Amendment ;... is to be enforced and made effective, and if the Declaration of Independence is to be made truly meaningful." Senator Strom Thurmond (D-SC) retorted that the bill would lead to "despotism and tyranny", and Senator Sam Ervin (D-NC) argued that the bill was unconstitutional because it deprived states of their right under Article I, Section 2 of the Constitution to establish voter qualifications and because
9145-567: The House and Senate versions of the bill. A major contention concerned the poll tax provisions; the Senate version allowed the attorney general to sue states that used poll taxes to discriminate, while the House version outright banned all poll taxes. Initially, the committee members were stalemated. To help broker a compromise, Attorney General Katzenbach drafted legislative language explicitly asserting that poll taxes were unconstitutional and instructed
9300-585: The Randolph Road intersected the main Selma road. Forrest had hoped to bring his entire force to bear on Wilson. Delays caused by flooding, plus earlier contact with the enemy, resulted in Forrest's mustering fewer than 2,000 men, many of whom were not war veterans but home militia consisting of old men and young boys. The outnumbered and outgunned Confederates fought for more than an hour as reinforcements of Union cavalry and artillery were deployed. Forrest
9455-686: The Reconstruction Amendments, Congress passed the Enforcement Acts in the 1870s. The acts criminalized the obstruction of a citizen's voting rights and provided for federal supervision of the electoral process, including voter registration . However, in 1875 the Supreme Court struck down parts of the legislation as unconstitutional in United States v. Cruikshank and United States v. Reese . After
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#17327909356389610-436: The Section 5 preclearance requirement to prohibit only voting changes that were enacted or maintained for a "retrogressive" discriminatory purpose instead of any discriminatory purpose, and Georgia v. Ashcroft (2003), which established a broader test for determining whether a redistricting plan had an impermissible effect under Section 5 than assessing only whether a minority group could elect its preferred candidates. Since
9765-415: The Selma fortifications to neutralize the enemy attack in his rear. Long's troops attacked in a single rank in three main lines, dismounted and shooting their Spencer's carbines, supported by their own artillery fire. The Confederates replied with heavy small arms and artillery fire. The Southern artillery had only solid shot on hand, while a short distance away was an arsenal which produced tons of canister,
9920-431: The Senate agreed to include a provision authorizing the attorney general to sue any jurisdiction, covered or non-covered, to challenge its use of poll taxes. An amendment offered by Senator Robert F. Kennedy (D-NY) to enfranchise English-illiterate citizens who had attained at least a sixth-grade education in a non-English-speaking school also passed by 48–19. Southern legislators offered a series of amendments to weaken
10075-426: The South increased only marginally even though the department litigated 71 voting rights lawsuits. Efforts to stop the disfranchisement by the Southern states had achieved only modest success overall and in some areas had proved almost entirely ineffectual, because the "Department of Justice's efforts to eliminate discriminatory election practices by litigation on a case-by-case basis had been unsuccessful in opening up
10230-408: The South. To ease the burdens of the reauthorized special provisions, Congress liberalized the bailout procedure in 1982 by allowing jurisdictions to escape coverage by complying with the Act and affirmatively acting to expand minority political participation . In addition to reauthorizing the original special provisions and expanding coverage, Congress amended and added several other provisions to
10385-634: The States affected have merely switched to discriminatory devices not covered by the federal decrees, or have enacted difficult new tests designed to prolong the existing disparity between white and Negro registration. Alternatively, certain local officials have defied and evaded court orders or have simply closed their registration offices to freeze the voting rolls. The provision of the 1960 law authorizing registration by federal officers has had little impact on local maladministration, because of its procedural complexities. In South Carolina v. Katzenbach (1966)
10540-532: The Summerfield Road. Meanwhile, General Upton, observing Long's success, ordered his division forward. They succeeded in overmounting the defenses and soon U.S. flags could be seen waving over the works from Range Line Road to Summerfield Road. After the outer works fell, General Wilson led the 4th U.S. Cavalry Regiment in a mounted charge down the Range Line Road toward the unfinished inner line of works. The retreating Confederate forces, upon reaching
10695-516: The Supreme Court also held that Congress had the power to pass the Voting Rights Act of 1965 under its Enforcement Powers stemming from the Fifteenth Amendment: Congress exercised its authority under the Fifteenth Amendment in an inventive manner when it enacted the Voting Rights Act of 1965. First: the measure prescribes remedies for voting discrimination which go into effect without any need for prior adjudication. This
10850-442: The Supreme Court generally upheld efforts to discriminate against racial minorities. In Giles v. Harris (1903), the court held that regardless of the Fifteenth Amendment, the judiciary did not have the remedial power to force states to register racial minorities to vote. Prior to the enactment of the Voting Rights Act of 1965 there were several efforts to stop the disenfranchisement of black voters by Southern states,. Besides
11005-446: The Supreme Court held that the first Gingles precondition can be satisfied only if a district can be drawn in which the minority group comprises a majority of voting-age citizens. This means that plaintiffs cannot succeed on a submergence claim in jurisdictions where the size of the minority group, despite not being large enough to comprise a majority in a district, is large enough for its members to elect their preferred candidates with
11160-577: The Supreme Court struck down the coverage formula as unconstitutional in Shelby County v. Holder (2013), several bills have been introduced in Congress to create a new coverage formula and amend various other provisions; none of these bills have passed. The act contains two types of provisions: "general provisions", which apply nationwide, and "special provisions", which apply to only certain states and local governments. "The Voting Rights Act
11315-460: The Supreme Court used the term "vote dilution through submergence" to describe claims that a jurisdiction's use of an at-large/multimember election system or gerrymandered redistricting plan diluted minority votes, and it established a legal framework for assessing such claims under Section 2. Under the Gingles test, plaintiffs must show the existence of three preconditions: The first precondition
11470-496: The U.S. attorney general or the U.S. District Court for D.C. that the changes were not discriminatory; and the suspension of "tests or devices", such as literacy tests, in covered jurisdictions. The bill also authorized the assignment of federal examiners to register voters, and of federal observers to monitor elections, to covered jurisdictions that were found to have engaged in egregious discrimination. The bill set these special provisions to expire after five years. The scope of
11625-449: The United States" and guarantees every person due process and equal protection rights; and the Fifteenth Amendment (1870) provides that "[t]he 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." These Amendments also empower Congress to enforce their provisions through "appropriate legislation". To enforce
11780-470: The Voting Rights Act in the House of Representatives on March 19, 1965, as H.R. 6400. The House Judiciary Committee was the first committee to consider the bill. The committee's ranking Republican, William McCulloch (R-OH), generally supported expanding voting rights, but he opposed both the poll tax ban and the coverage formula, and he led opposition to the bill in committee. The committee eventually approved
11935-404: The Voting Rights Act would legitimately ensure that African Americans could vote. His statement alienated most supporters of H.R. 7896, and the bill failed on the House floor by a 171–248 vote on July 9. Later that night, the House passed the Voting Rights Act by a 333–85 vote (Democrats 221–61, Republicans 112–24). The chambers appointed a conference committee to resolve differences between
12090-409: The above-mentioned literacy tests and poll taxes other bureaucratic restrictions were used to deny them the right to vote. African Americans also "risked harassment, intimidation, economic reprisals, and physical violence when they tried to register or vote. As a result, very few African Americans were registered voters, and they had very little, if any, political power, either locally or nationally." In
12245-519: The area of voting since the Reconstruction period following the Civil War ". The act contains numerous provisions that regulate elections. The act's "general provisions" provide nationwide protections for voting rights. Section 2 is a general provision that prohibits state and local government from imposing any voting rule that "results in the denial or abridgement of the right of any citizen to vote on account of race or color" or membership in
12400-598: The area who reviewed the injunction, decided in favor of the demonstrators, saying: The law is clear that the right to petition one's government for the redress of grievances may be exercised in large groups ... and these rights may be exercised by marching, even along public highways. On Sunday, March 21, 1965, approximately 3,200 marchers departed for Montgomery. Marching in the front row with King were Rev. Ralph Abernathy , Rabbi Abraham Joshua Heschel , Greek Orthodox Father Iakovos (later Archbishop Iakovos of America ) and Roman Catholic nuns. They walked approximately 12 miles
12555-464: The arsenal and naval foundry. They left Selma heading to Montgomery. When the war ended three weeks later, they were en route to Columbus and Macon, Georgia . Selma became the seat of Dallas County in 1866 and the county courthouse was built there. Planters and other slaveholders struggled with how to deal with freed slaves after the war. Insurgents tried to keep white supremacy over the freedmen , and most whites resented former slaves being granted
12710-412: The base, with a ditch 4 feet (1.2 m) wide and 5 feet (1.5 m) deep along the front. In front of this was a 5 feet (1.5 m)-high picket fence of heavy posts planted in the ground and sharpened at the top. At prominent positions, earthen forts were built with artillery in position to cover the ground over which an assault would have to be made. The North had learned of the importance of Selma to
12865-452: The basis of race, color, or membership in a language minority group. The United States Supreme Court expressed its views regarding Section 2 and its amendment from 1982 in Chisom v. Roemer (1991). Under the amended statute, proof of intent is no longer required to prove a § 2 violation. Now plaintiffs can prevail under § 2 by demonstrating that a challenged election practice has resulted in
13020-486: The bilingual election requirements constitute costly unfunded mandates . Several of the amendments responded to judicial rulings with which Congress disagreed. In 1982, Congress amended the Act to overturn the Supreme Court case Mobile v. Bolden (1980), which held that the general prohibition of voting discrimination prescribed in Section 2 prohibited only purposeful discrimination. Congress responded by expanding Section 2 to explicitly ban any voting practice that had
13175-510: The bill and delayed its consideration until June 24, when Celler initiated proceedings to have the bill discharged from committee. Under pressure from the bill's proponents, Smith allowed the bill to be released a week later, and the full House started debating the bill on July 6. To defeat the Voting Rights Act, McCulloch introduced an alternative bill, H.R. 7896. It would have allowed the attorney general to appoint federal registrars after receiving 25 serious complaints of discrimination against
13330-496: The bill on August 3 by a 328–74 vote (Democrats 217–54, Republicans 111–20), and the Senate passed it on August 4 by a 79–18 vote (Democrats 49–17, Republicans 30–1). On August 6, President Johnson signed the Act into law with King , Rosa Parks , John Lewis , and other civil rights leaders in attendance at the signing ceremony. Congress enacted major amendments to the Act in 1970, 1975, 1982, 1992, and 2006. Each amendment coincided with an impending expiration of some or all of
13485-554: The bill on May 12, but it did not file its committee report until June 1. The bill included two amendments from subcommittee: a penalty for private persons who interfered with the right to vote and a prohibition of all poll taxes. The poll tax prohibition gained Speaker of the House John McCormack 's support. The bill was next considered by the Rules Committee , whose chair, Howard W. Smith (D-VA), opposed
13640-455: The bill's special provisions targeted only certain jurisdictions. On May 6, Ervin offered an amendment to abolish the coverage formula's automatic trigger and instead allow federal judges to appoint federal examiners to administer voter registration. This amendment overwhelmingly failed, with 42 Democrats and 22 Republicans voting against it. After lengthy debate, Ted Kennedy's amendment to prohibit poll taxes also failed 49–45 on May 11. However,
13795-489: The bill, all of which failed. On May 25, the Senate voted for cloture by a 70–30 vote, thus overcoming the threat of filibuster and limiting further debate on the bill. On May 26, the Senate passed the bill by a 77–19 vote (Democrats 47–16, Republicans 30–2); only senators representing Southern states voted against it. Emanuel Celler (D-NY), Chair of the House Judiciary Committee , introduced
13950-483: The bridge. Governor George Wallace had vowed that the march would not be permitted. Seventeen marchers were hospitalized and 50 more were treated for lesser injuries. Because of the brutal attacks, this became known as "Bloody Sunday." It was covered by national press and television news, reaching many American and international homes. Two days after the first march, on March 9, 1965, Martin Luther King, Jr. led
14105-467: The cause; later that year the U.S. Congress passed the Voting Rights Act of 1965 , a bill introduced, supported and signed by President Lyndon B. Johnson . It provided for federal oversight and enforcement of voting rights for all citizens in state or jurisdictions where patterns of underrepresentation showed discrimination against certain populations such as ethnic minorities. By March 1966,
14260-461: The center moving along the line of fortifications. A single gun from Upton's artillery would signal the attack to be undertaken by the entire Federal Corps. At 5 pm, however, Gen. Eli Long 's ammunition train in the rear was attacked by advance elements of Forrest's scattered forces approaching Selma. Both Long and Upton had positioned significant numbers of troops in their rear for just such an event. But, Long decided to begin his assault against
14415-419: The citizens of Selma who were "volunteered" to man the works. Altogether this force numbered less than 4,000. As the Selma fortifications were built to be defended by 20,000 men, Forrest's soldiers had to stand 10 to 12 feet (3.7 m) apart to try to cover the works. Wilson's force arrived in front of the Selma fortifications at 2 pm. He had placed Gen. Eli Long's Division across the Summerfield Road with
14570-428: The city for a planned walk to Montgomery were beaten and clubbed by Dallas County posse and Alabama State Troopers, in what became known as " Bloody Sunday ". They had passed into the county on a planned walk of 54 miles to Montgomery , Alabama's state capital. This treatment was nationally televised and covered by major media, arousing national outrage. After gaining federal protection from President Lyndon B. Johnson and
14725-459: The city from Boston, was attacked and killed in Selma by members of the KKK. King and other civil-rights leaders filed for court protection for a third, larger-scale march from Selma to Montgomery, the state capital. King was also in touch with the administration of President Lyndon B. Johnson, who arranged for protection for another march. Frank Minis Johnson, Jr. , the federal district court judge for
14880-570: The committee. To prevent the bill from dying in committee, Mansfield proposed a motion to require the Judiciary Committee to report the bill out of committee by April 9, which the Senate overwhelmingly passed by a vote of 67 to 13. During the committee's consideration of the bill, Senator Ted Kennedy (D-MA) led an effort to amend the bill to prohibit poll taxes. Although the Twenty-fourth Amendment —which banned
15035-480: The council. On January 12, 2023 , Selma was hit by a large and destructive EF2 tornado. Many buildings were heavily damaged throughout the city and two people were injured. Selma is located at 32°24′26″N 87°1′16″W / 32.40722°N 87.02111°W / 32.40722; -87.02111 , west of Montgomery. According to the U.S. Census Bureau , the city has a total area of 14.4 square miles (37 km ), of which 13.9 square miles (36 km )
15190-459: The country, especially in the South . According to the U.S. Department of Justice , the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country. The National Archives and Records Administration stated: "The Voting Rights Act of 1965 was the most significant statutory change in the relationship between the federal and state governments in
15345-547: The coverage formula massively increased the rate of voter registration purges after the Shelby decision. In 2021, the Brnovich v. Democratic National Committee Supreme Court ruling reinterpreted Section 2 of the Voting Rights Act of 1965, substantially weakening it. The ruling interpreted the "totality of circumstances" language of Section 2 to mean that it does not generally prohibit voting rules that have disparate impact on
15500-481: The coverage formula was a matter of contentious congressional debate. The coverage formula reached a jurisdiction if (1) the jurisdiction maintained a "test or device" on November 1, 1964, and (2) less than 50 percent of the jurisdiction's voting-age residents either were registered to vote on November 1, 1964, or cast a ballot in the November 1964 presidential election. This formula reached few jurisdictions outside
15655-464: The denial or abridgement of the right to vote based on color or race. Congress not only incorporated the results test in the paragraph that formerly constituted the entire § 2, but also designated that paragraph as subsection (a) and added a new subsection (b) to make clear that an application of the results test requires an inquiry into "the totality of the circumstances." Section 2(a) adopts a results test, thus providing that proof of discriminatory intent
15810-426: The end of March 1965, an estimated 25,000 people entered Montgomery to press for voting rights. This activism generated national attention for social justice. That summer, the Voting Rights Act of 1965 was passed by Congress to authorize federal oversight and enforcement of constitutional rights of all American citizens. Due to agriculture and industry decline, Selma has lost about a third of its peak population since
15965-433: The entire city, and the white majority had managed to control the elections. Threatened with a lawsuit under the Voting Rights Act, the council voted to adopt a system of electing its ten members from single-member districts. After the change, five African-American Democrats were elected to the city council, including activist Frederick Douglas Reese , who became a major power in the city; five white people were also elected to
16120-456: The equality of States, invoked by South Carolina, does not bar this approach, for that doctrine applies only to the terms upon which States are admitted to the Union , and not to the remedies for local evils which have subsequently appeared. See Coyle v. Smith , 221 U. S. 559, and cases cited therein. The Voting Rights Act of 1965 was introduced in Congress on March 17, 1965, as S. 1564, and it
16275-424: The existence of the three Gingles preconditions may be insufficient to prove liability for vote dilution through submergence if other factors weigh against such a determination, especially in lawsuits challenging redistricting plans. In particular, the court held that even where the three Gingles preconditions are satisfied, a jurisdiction is unlikely to be liable for vote dilution if its redistricting plan contains
16430-455: The first march, demonstrators were stopped by state and county police on horseback at the Edmund Pettus Bridge near Selma. The police shot tear gas into the crowd and trampled protesters. Televised footage of the scene, which became known as "Bloody Sunday" , generated outrage across the country. A second march was held on March 9, which became known as "Turnaround Tuesday" . That evening, three white Unitarian ministers who participated in
16585-408: The framework to determine whether a jurisdiction's election law violates the general prohibition from Section 2 in its amended form and the reason for the adoption of Section 2 in its amended form: To establish a violation of amended Section 2, the plaintiff must prove,“based on the totality of circumstances,” that the State’s “political processes” are “not equally open to participation by members” of
16740-821: The groups that it sought to protect, including a rule blocked under Section 5 before the Court inactivated that section in Shelby County v. Holder . In particular, the ruling held that fears of election fraud could justify such rules, even without evidence that any such fraud had occurred in the past or that the new rule would make elections safer. Research shows that the Act had successfully and massively increased voter turnout and voter registrations, in particular among black people. The Act has also been linked to concrete outcomes, such as greater public goods provision (such as public education) for areas with higher black population shares, more members of Congress who vote for civil rights-related legislation, and greater Black representation in local offices. As initially ratified,
16895-490: The help of "crossover" votes from some members of the majority group. In contrast, the Supreme Court has not addressed whether different protected minority groups can be aggregated to satisfy the Gingles preconditions as a coalition, and lower courts have split on the issue. The Supreme Court provided additional guidance on the "totality of the circumstances" test in Johnson v. De Grandy (1994). The court emphasized that
17050-603: The historic Native American people known as the Muscogee (also known as the Creek), who had been in the area for hundreds of years. French explorers and colonists were the first Europeans to explore this area. In 1732, they recorded the site of present-day Selma as Écor Bienville. Later Anglo-Americans called it the Moore's Bluff settlement. Selma was incorporated in 1820. The city was planned and named as Selma by William R. King ,
17205-415: The inner works, united and fired repeatedly together into the charging column. This broke up the charge and sent General Wilson sprawling to the ground when his favorite horse was wounded. He quickly remounted his stricken horse and ordered a dismounted assault by several regiments. Mixed units of Confederate troops had also occupied the Selma railroad depot and the adjoining banks of the railroad bed to make
17360-505: The issue of voting rights. King and other demonstrators were arrested during a march on February 1 for violating an anti-parade ordinance ; this inspired similar marches in the following days, causing hundreds more to be arrested. On February 4, civil rights leader Malcolm X gave a militant speech in Selma in which he said that many African Americans did not support King's nonviolent approach; he later privately said that he wanted to frighten whites into supporting King. The next day, King
17515-426: The language minority group. Originally set to expire after 10 years, Congress reauthorized Section 203 in 1982 for seven years, expanded and reauthorized it in 1992 for 15 years, and reauthorized it in 2006 for 25 years. The bilingual election requirements have remained controversial, with proponents arguing that bilingual assistance is necessary to enable recently naturalized citizens to vote and opponents arguing that
17670-551: The legislation at the time; his advisers warned him of political costs for vigorously pursuing a voting rights bill so soon after Congress had passed the Civil Rights Act of 1964, and Johnson was concerned that championing voting rights would endanger his Great Society reforms by angering Southern Democrats in Congress. Following the 1964 elections, civil rights organizations such as the Southern Christian Leadership Conference (SCLC) and
17825-436: The march were attacked on the street and beaten with clubs by four Ku Klux Klan members. The worst injured was Reverend James Reeb from Boston , who died on Thursday, March 11. In the wake of the events in Selma, President Johnson, addressing a televised joint session of Congress on March 15, called on legislators to enact expansive voting rights legislation. In his speech, he used the words " we shall overcome ", adopting
17980-503: The march, and other artifacts of these social movements are displayed; and a room where people who participated in the 1960s marches can leave personal messages and chronicle their memories. The museum also features a large blow-up of a portion of an iconic photograph taken on the Selma to Montgomery march by Look magazine photographer James Karales . 32°24′09″N 87°01′02″W / 32.4025°N 87.0173°W / 32.4025; -87.0173 Selma, Alabama Selma
18135-480: The members of the city council were elected by at-large voting. Black people were prevented from registering to vote by means of a literacy test , administered in a subjective way, as well as through economic retaliation organized by the White Citizens' Council in response to civil rights activism, Ku Klux Klan violence and police repression. After the Supreme Court case Smith v. Allwright (1944) ended
18290-416: The modern civil-rights movement. On March 7, 1965, approximately 600 civil rights marchers departed Selma on U.S. Highway 80 , heading east to the capital. After they passed over the crest of the Edmund Pettus Bridge and left the boundaries of the city, they were confronted by county sheriff's deputies and state troopers, who attacked them using tear gas , horses and billy clubs , and drove them back across
18445-466: The most basic, are illusory if the right to vote is undermined. Our Constitution leaves no room for classification of people in a way that unnecessarily abridges this right. — Justice Black on the right to vote as the foundation of democracy in Wesberry v. Sanders (1964). Section 2 prohibits two types of discrimination: "vote denial", in which a person is denied the opportunity to cast
18600-601: The need for direct evidence of discriminatory intent, which is often difficult to obtain, but without embracing an unqualified “disparate impact” test that would invalidate many legitimate voting procedures. S. REP. NO. 97–417, at 28–29, 31–32, 99 (1982) In Brnovich v. Democratic National Committee (2021) the United States Supreme Court introduced the means to review Section 2 challenges. The slip opinion stated in its Syllabus section in this regard that "The Court declines in these cases to announce
18755-460: The obstructionist tactics invariably encountered in these lawsuits. After enduring nearly a century of systematic resistance to the Fifteenth Amendment, Congress might well decide to shift the advantage of time and inertia from the perpetrators of the evil to its victims. [...] Second: the Act intentionally confines these remedies to a small number of States and political subdivisions which, in most instances, were familiar to Congress by name. This, too,
18910-450: The plaintiff must additionally show, using the remaining Senate Factors and other evidence, that under the " totality of the circumstances ", the jurisdiction's redistricting plan or use of at-large or multimember elections diminishes the ability of the minority group to elect candidates of its choice. Subsequent litigation further defined the contours of these "vote dilution through submergence" claims. In Bartlett v. Strickland (2009),
19065-405: The preclearance requirement and Section 2's general prohibition of discriminatory voting laws, to prohibit discrimination against language minorities. Congress also enacted a bilingual election requirement in Section 203, which requires election officials in certain jurisdictions with large numbers of English-illiterate language minorities to provide ballots and voting information in the language of
19220-475: The president. The museum's several rooms and exhibit areas include the "Footprints to Freedom" room, which features molded cast-footprints of some of the activists who participated in the Selma to Montgomery marches; a "Women's Suffrage Room", honoring the contributions of African-American and other women who secured women's voting rights in the U.S.; the "Selma Room", also known as the " Marie Foster " room, where voting records, clothes worn by people beaten during
19375-574: The problem by facilitating case-by-case litigation against voting discrimination. The Civil Rights Act of 1957 authorized the Attorney General to seek injunctions against public and private interference with the right to vote on racial grounds. Perfecting amendments in the Civil Rights Act of 1960 permitted the joinder of States as parties defendant, gave the Attorney General access to local voting records, and authorized courts to register voters in areas of systematic discrimination. Title I of
19530-567: The rallying cry of the civil rights movement. The Voting Rights Act of 1965 was introduced in Congress two days later while civil rights leaders, now under the protection of federal troops, led a march of 25,000 people from Selma to Montgomery. Efforts to eliminate discriminatory election practices by litigation on a case-by-case basis by the United States Department of Justice had been unsuccessful and existing federal anti-discrimination laws were not sufficient to overcome
19685-511: The reach of the coverage formula by supplementing it with new 1968 and 1972 trigger dates. Coverage was further enlarged in 1975 when Congress expanded the meaning of "tests or devices" to encompass any jurisdiction that provided English-only election information, such as ballots, if the jurisdiction had a single language minority group that constituted more than five percent of the jurisdiction's voting-age citizens. These expansions brought numerous jurisdictions into coverage, including many outside of
19840-589: The registration process; as soon as one discriminatory practice or procedure was proven to be unconstitutional and enjoined, a new one would be substituted in its place and litigation would have to commence anew." Congress responded to rampant discrimination against racial minorities in public accommodations and government services by passing the Civil Rights Act of 1964 . The act included some voting rights protections; it required registrars to equally administer literacy tests in writing to each voter and to accept applications that contained minor errors, and it created
19995-463: The resistance by state officials to enforcement of the 15th Amendment. Against this backdrop Congress came to the conclusion that a new comprehensive federal bill was necessary to break the grip of state disfranchisement. The United States Supreme Court explained this in South Carolina v. Katzenbach (1966) with the following words: In recent years, Congress has repeatedly tried to cope with
20150-554: The results test does not guarantee protected minorities a right to proportional representation . In Thornburg v. Gingles (1986) the United States Supreme Court explained with respect to the 1982 amendment for section 2 that the "essence of a Section 2 claim is that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by black and white voters to elect their preferred representatives." The United States Department of Justice declared that section 2
20305-452: The right to vote. As in other southern states, white Democrats regained political power in the mid-1870s after suppressing black voting through violence and fraud; Reconstruction officially ended in 1877 when federal troops were withdrawn. The white Democratic state legislature imposed Jim Crow laws of racial segregation in public facilities and other means of white supremacy. The city developed its own police force. County law enforcement
20460-593: The rule deviates from past practices, the size of the racial imbalance, and the overall level of opportunity afforded voters in considering all election rules. When determining whether a jurisdiction's election law violates the general prohibition from Section 2 of the VRA, courts have relied on factors enumerated in the Senate Judiciary Committee report associated with the 1982 amendments ("Senate Factors"), including: The report indicates not all or
20615-478: The segregation laws passed by the state. Especially in the post-World War II period, legal challenges by the NAACP against Southern discriminatory laws enabled blacks to more freely exercise their constitutional rights as citizens. Selma maintained segregated schools and other facilities, enforcing the state law in new enterprises such as movie theaters. The Jim Crow laws and customs were enforced with violence. In
20770-599: The struggle at Brown Chapel AME Church on January 2, 1965. He had been invited by local leaders to help their movement. Beginning in January 1965, SCLC and SNCC initiated a revived voting-rights campaign designed to focus national attention on the systematic denial of black voting rights in Alabama, and particularly in Selma. Over the next weeks, more than 3,000 African-Americans were arrested, and they suffered police violence and economic retaliation. Jimmie Lee Jackson , who
20925-401: The subjective system administered by whites. In the summer of 1964, a sweeping injunction issued by local judge James Hare barred any gathering of three or more people under sponsorship of SNCC, SCLC or DCVL, or with the involvement of 41 named civil rights leaders. This injunction temporarily halted civil-rights activity until Dr. Martin Luther King Jr. defied it by speaking to a crowd about
21080-482: The support of liberal committee members, Kennedy's amendment to prohibit poll taxes passed by a 9–4 vote. In response, Dirksen offered an amendment that exempted from the coverage formula any state that had at least 60 percent of its eligible residents registered to vote or that had a voter turnout that surpassed the national average in the preceding presidential election. This amendment, which effectively exempted all states from coverage except Mississippi , passed during
21235-827: The use of white primaries by the Democratic Party, the Alabama state legislature passed a law giving voting registrars more authority to challenge prospective voters under the literacy test. In Selma, the county registration board opened doors for registration only two days a month, arrived late and took long lunches. In early 1963, Bernard Lafayette and Colia Lafayette of the Student Nonviolent Coordinating Committee (SNCC) began organizing in Selma alongside local civil rights leaders Sam, Amelia and Bruce Boynton, Rev. L.L. Anderson of Tabernacle Baptist Church, J.L. Chestnut (Selma's first black attorney), SCLC Citizenship School teacher Marie Foster , public school teacher Marie Moore, Frederick D. Reese and others active with
21390-546: The use of poll taxes in federal elections— was ratified a year earlier, Johnson's administration and the bill's sponsors did not include a provision in the voting rights bill banning poll taxes in state elections because they feared courts would strike down the legislation as unconstitutional. Additionally, by excluding poll taxes from the definition of "tests or devices", the coverage formula did not reach Texas or Arkansas , mitigating opposition from those two states' influential congressional delegations . Nonetheless, with
21545-493: The voter registration records of racial minorities, remove registered racial minorities from the electoral rolls , and resign so that voter registration ceased. Moreover, the department often needed to appeal lawsuits several times before the judiciary provided relief because many federal district court judges opposed racial minority suffrage. Thus, between 1957 and 1964, the African-American voter registration rate in
21700-427: The votes cast by minority voters by allowing a cohesive majority group to win every legislative seat in the jurisdiction. Redistricting plans can be gerrymandered to dilute votes cast by minorities by "packing" high numbers of minority voters into a small number of districts or "cracking" minority groups by placing small numbers of minority voters into a large number of districts. In Thornburg v. Gingles (1986),
21855-441: The voting rights of racial and language minorities. The term "language minority" means "persons who are American Indian, Asian American, Alaskan Natives or of Spanish heritage." The act's provisions have been colored by numerous judicial interpretations and congressional amendments. Section 2 prohibits any jurisdiction from implementing a "voting qualification or prerequisite to voting, or standard, practice, or procedure ... in
22010-474: The west, many Confederate soldiers fought the pursuing Union Army all the way down to the eastern side of Valley Creek. They escaped in the darkness by swimming across the Alabama River near the mouth of Valley Creek (where the present day Battle of Selma Reenactment is held.) The Union troops looted the city that night and burned many businesses and private residences. They spent the next week destroying
22165-537: Was a permissible method of dealing with the problem. Congress had learned that substantial voting discrimination presently occurs in certain sections of the country, and it knew no way of accurately forecasting whether the evil might spread elsewhere in the future. In acceptable legislative fashion, Congress chose to limit its attention to the geographic areas where immediate action seemed necessary. See McGowan v. Maryland , 366 U. S. 420, 366 U. S. 427; Salsburg v. Maryland, 346 U. S. 545, 346 U. S. 550–554. The doctrine of
22320-511: Was aimed at the subtle, as well as the obvious, state regulations which have the effect of denying citizens their right to vote because of their race. Moreover, compatible with the decisions of this Court, the Act gives a broad interpretation to the right to vote, recognizing that voting includes "all action necessary to make a vote effective." 79 Stat. 445, 42 U.S.C. § 19731(c)(1) (1969 ed., Supp. I). See Reynolds v. Sims , 377 U. S. 533, 377 U. S. 555 (1964)." Most provisions are designed to protect
22475-687: Was also an important armaments-manufacturing and iron shipbuilding center for the Confederacy during the Civil War , surrounded by miles of earthen fortifications. The Confederate forces were defeated during the Battle of Selma , in the final full month of the war. In modern times, the city is best known for the 1960s civil rights movement and the Selma to Montgomery marches , beginning with "Bloody Sunday" in March 1965, when unarmed peaceful protesters were assaulted by County and state highway police. By
22630-448: Was clearly a legitimate response to the problem, for which there is ample precedent under other constitutional provisions. See Katzenbach v. McClung , 379 U. S. 294, 379 U. S. 302–304; United States v. Darby , 312 U. S. 100, 312 U. S. 120–121. Congress had found that case-by-case litigation was inadequate to combat widespread and persistent discrimination in voting, because of the inordinate amount of time and energy required to overcome
22785-663: Was jointly sponsored by Senate majority leader Mike Mansfield (D-MT) and Senate minority leader Everett Dirksen (R-IL), both of whom had worked with Attorney General Katzenbach to draft the bill's language. Although Democrats held two-thirds of the seats in both chambers of Congress after the 1964 Senate elections , Johnson worried that Southern Democrats would filibuster the legislation because they had opposed other civil rights efforts. He enlisted Dirksen to help gain Republican support. Dirksen did not originally intend to support voting rights legislation so soon after supporting
22940-468: Was originally designed to encompass jurisdictions that engaged in egregious voting discrimination in 1965, and Congress updated the formula in 1970 and 1975. In Shelby County v. Holder (2013), the U.S. Supreme Court struck down the coverage formula as unconstitutional, reasoning that it was obsolete. The court did not strike down Section 5, but without a coverage formula, Section 5 is unenforceable. The jurisdictions which had previously been covered by
23095-504: Was protected by fortifications that circled much of the city; it was protected on the north and south by the Alabama River . The wall was high and deep, surrounded by a ditch and picket fence. Earthen forts were built to cover the grounds with artillery fire. Forrest's defenders consisted of his Tennessee escort company, McCullough 's Missouri Regiment, Crossland's Kentucky Brigade, Roddey's Alabama Brigade, Frank Armstrong 's Mississippi Brigade, General Daniel W. Adams ' state reserves, and
23250-631: Was released and a letter he wrote addressing voting rights, "Letter From A Selma Jail", appeared in The New York Times . With increasing national attention focused on Selma and voting rights, President Johnson reversed his decision to delay voting rights legislation. On February 6, he announced he would send a proposal to Congress. Johnson did not reveal the proposal's content or disclose when it would come before Congress. On February 18 in Marion, Alabama , state troopers violently broke up
23405-471: Was run by an elected county sheriff, whose jurisdiction included the grounds of the county courthouse. The county courthouse and jail were scenes of numerous lynchings of African-Americans , as sometimes mobs would take prisoners from the jail and hang them before trial. In February 1892, Willy Webb was put in the jail in Selma after police arrested him in Waynesville. The police intended to save Webb from
23560-468: Was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution , the Act sought to secure the right to vote for racial minorities throughout
23715-626: Was to force the U.S. government to intervene in case there were arrests—and if they did not intervene, that inaction would once again prove the government was not on our side and thus intensify the development of a mass consciousness among blacks. Our slogan for this drive was ' One Man, One Vote . ' " In January 1965, Martin Luther King Jr. , James Bevel , and other civil rights leaders organized several peaceful demonstrations in Selma , which were violently attacked by police and white counter-protesters. Throughout January and February, these protests received national media coverage and drew attention to
23870-423: Was unarmed, was killed in a café in nearby Marion after state police broke up a peaceful protest in the town. Activists planned a larger, more public march from Selma to the state capital of Montgomery to publicize their cause. It was initiated and organized by James Bevel , SCLC's Director of Direct Action, who was directing SCLC's Selma Movement. This march represented one of the political and emotional peaks of
24025-413: Was wounded by a saber-wielding Union captain, whom he shot and killed with his revolver. Finally, a Union cavalry charge broke the Confederate militia, causing Forrest to be flanked on his right. He was forced to retreat. Early the next morning, Forrest reached Selma; he advised Gen. Richard Taylor , departmental commander, to leave the city. Taylor did so after giving Forrest command of the defense. Selma
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