I (Used To) Have A Dream

Issue: The Supreme court struck down a landmark piece of Civil-Rights Era legislation- the Voting Rights Act of 1965.

Argument: Chief Justice John G. Roberts declared that the current social conditions in America are not as discriminatory as they used to be and that the Act infringes upon state sovereignty.

Evidence

• When the act was put into place, black voter registration in Missouri (a typical southern state in the times of the Civil Rights movement) was 6.4%. Today, that rate is 76%- a number exceeding white voter registration rates by 4%. 
• Two cities, Selma, Alabama and Philadelphia, Mississippi, in which racist hate crimes and discrimination were committed in the 60's, are now governed by black men.

Claims

• Section 5 of the Voting Rights Act is a "federal intrusion on state sovereignty."
• Our nation has made great strides in civil rights and no longer needs federal anti-discriminatory voting laws. 

In a very close vote (5-4), the Supreme Court struck down the main provisions of the landmark Voting Rights Act of 1965 by claiming that it no longer applies in today's society, a much more diverse and less discriminatory era in our nation's history. However, this strike down of a major piece of Civil Rights legislation us drawing heavy opposition from those who believe discriminatory processes- such as "racial gerrymandering and at-large voting"- will soon take place because the federal government can no longer mandate the laws of voting in states. The Chief Justice believes that such processes will not affect the black population's ability to vote, as evidenced by a 70% increase in black voter registration since the time of the original legislation. 

Justice Ruth Bader Ginsburg published a summary of her dissent on the matter, citing the strike down as a violation of Amendment XV. Amendment XV grants black suffrage and gives Congress the power to “enforce this article by legislation.” The Voting Rights Act was the proper step of legislation in the heat of the Civil Rights movement. Even today, the Act is completely justified by Amendment XV; Congress has the power to do whatever it takes to maintain universal black suffrage.

Amendment XIV maintains “no state shall make or enforce any law” that infringes upon the privileges and immunities of all citizens- black, white, yellow, or green. New voter registration laws put into place could easily become an obstacle to the voting privileges of minorities and blacks. Amendment XXIV deals with the similar and analogous issue of poll taxes. States tried to enact these taxes a long time ago to keep minorities and blacks from voting. The issue at hand is similar; voting requirements and formalities could keep certain populations from voting. The Constitution gives Congress full power to combat this injustice and to establish the most fair voting conditions imaginable.

Both sides have valid points. America has come a long way in its social and civil rights. Only time will tell what will happen with the strike down of the Voting Rights Act. If black voter registration rates decline, Congress has the power and the obligation to reinstate laws to provide complete voter equality.