In summary, the Fifteenth Amendment was added to the U.S. Constitution in order to give U.S. citizens the right to vote. This means that a U.S. citizen who is eighteen years of age or older shall be allowed to vote and not discriminated against because of their race, color, or history of servitude. The Fifteenth Amendment also gives Congress the right to create laws in order to enforce the amendment. Congress enacted the Voting Rights Act in 1965 in response to the Jim Crow laws. Section 5 of the Voting Rights Act says that local governments and certain states must obtain permission from the federal government before they can make any changes to their voting laws or practices. In section 4(b) there is information about which areas of the …show more content…
The areas that must get preclearance are determined by a coverage formula. Shelby County is in the covered jurisdiction of Alabama and they found that it was unconstitutional to have to ask for preclearance for events that happened 40 years ago. Shelby County sued the U.S. Attorney general. In 2011, Judge John D. Bates ruled that section 5 and 4(b) of the Voting Rights Act remain the same as before the trial. In 2013, in the Supreme Court’s ruling, section 4(b) was declared unconstitutional. It was ruled that section 4(b) exceeded Congress’s rights to practice the Fourteenth and Fifteenth Amendments. It was ruled that the coverage formula went against the federalist ways and conflicted with making all states equal in power. The Court made a point that Congress must rule with facts of the present day and not …show more content…
They also sued the U.S. Attorney General for having a permanent injunction against their ability to enforce laws on voting. In 2011, Judge John D. Bates ruled that there was enough evidence to continue with Section 4(b) in place. In 2012, the U.S. Court of Appeals of the D.C. Circuit ruled that section 4(b) remained constitutional. In 2013, the Supreme Court reviewed the case, based on the question if Congress violated their Fourteenth and Fifteenth amendment rights when they reauthorized section 4(b) of the Voter’s Rights Act in
This supreme court decision expressed national power more than many. This decision showed how much more power the national government has then the states within the nation. It was in this ruling that they reminded the nation that the constitution is just meant to be a basic outline of general ideas that are easily understood by the public (Jones Martin). If I was the supreme court I feel that I would've made a very similar decision. Reason being is that the national government should have much more power of states controlling what is right and what isnt.
Before the amendment only those prisoners serving a sentence of three years or longer were excluded from voting. Roach launched the case in order to protect the violation of her rights. The right in question was the right to vote, which Ms Roach believed was infringed by the amendments to the Electoral Act.
Opinion of the Court, Supreme Court of The United States (2003)
On a word document, write 4 paragraphs (4-6 sentences each) on the following: 1. Merits/elements of Fisher v. UT- Austin Petitioner The Petitioner believes that Abigail Fisher was denied admission to the University of Texas Austin because UT had a race conscious admissions program. This violated the 14th amendment which grants rights and citizenship to all people born as naturalized citizens in the United States. The petitioner observed that before the individual was picked, some students were accepted based on their race.
United States v. Lopez was the first United States Supreme Court case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constitution. The issue of the case was that It exceeded to the power of Congress which had no say over it because the case had nothing to do with commerce or any sort of economic activity. The case United States v. Lopez involved Alfonzo Lopez Jr., Supreme Court Justice William H. Rehnquist, and Congress. Unites States v. Lopez was about a 12th grader named
Citation: Ashcroft v. Free Speech Coalition 535 U.S. 234 (2002) U.S. Court of Appeals for the Ninth Circuit Facts: The Free Speech Coalition which is a non-profit trade association of the pornography and adult entertainment industry in the United States filed suit, against the Child Pornography Prevention Act of 1996 (CPPA). The child pornography prevention act prohibits and sets penalties for activities such as depicting any visual image of the sexual abuse of minors. This includes pictures, video, and even modified images with the likeness or appearance of a minor engaging in a sexual act. The Promotion, advertisement, and distribution of such works are also prohibited and have consequences.
Despite the seniority of article 4 and 5 of the voting rights act of 1965. Shelby County is a county of the U.S. state of Alabama. As of the 2010 census the population was 195,085 (Census Bureau, 2017). The county is named in honor of Isaac Shelby, Governor of Kentucky from 1792 to 1796 and again from 1812 to 1816.Shelby County is included in the Birmingham-Hoover, AL Metropolitan Statistical Area(Encyclopedia of Alabama,2017). Shelby County V. Holder is a 2003 landmark United States Supreme Court case, which deliberated the constitutionality of section four and five of the Voting rights act of
They decided that asking for the recounts violated the rights of the citizens of Florida (phschool.com, 1). Florida Supreme Court ruled that the recount order was unconstitutional mainly because of the Equal Protection Clause of the 14th Amendment. This clause granted protection to ballots and the citizens casting them. It forbids government from denying "to any person within their jurisdiction the equal protection of the laws”. The court argued that privately voting in a presidential election is a fundamental right guarded by this clause.
But the amendment says that a voter cannot be denied the ballot because of race. Some states, however, have attempted to do this indirectly. Such measures have been struck down by Supreme Court decisions, federal and state laws, and the 24th amendment.
The District of Columbia’s desegregation case was based on the boycott of the black high school that was overcrowded and in a condition of desperation. Since the District of Columbia was a federal territory, the Fourteenth amendment was not applicable towards the justification of the case’s position. Lawyers of the case selected a different approach of consolidating the Fifth Amendment, which guaranteed the equal protection of the law maintaining the same manner of the Fourteenth Amendment. The decision of Bolling v. Sharpe was simultaneously decided with Brown v. Board of Education, issuing the segregation itself was considered to be unconstitutional. The court ruled the African Americans in the District of Columbia were repudiated of the due process clause under the Fifth Amendment for the reasoning there was no vindication of the
XV, § 2. The VRA is the exercise of that power. Congress passed the Voting Rights Act (VRA) in 1965 to affirm the fundamental rights of each citizen to participate in elections. The current version of Section 2 of the VRA provides:
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
Thus, the court concluded “the Act is not being unconstitutionally applied to Rollinson as an ex post facto
This landmark case affirmed that the 6th Amendment applies to all states under the 14th Amendment. Not only did the video show the importance of the amendments to the constitution, it also demonstrated the possible pitfalls of judicial review, but also its ability to ensure the personal rights provided by the constitution are not
The District Court held Central High School accountable for its violation of the 14th Amendment, it stated that