The Voting Rights rut
Progressives are remarkably uninterested in progress.
Social Security is 78 years old and myriad social improvements have added 17 years to life expectancy since 1935, yet progressives insist the program remain frozen, like a fly in amber.
Medicare is 48 years old and the competence and role of medicine have been transformed since 1965, yet progressives cling to Medicare “as we know it.”
And they say the Voting Rights Act, another 48-year-old, must remain unchanged, despite dramatic improvements in race relations.
The question concerning which the Supreme Court heard oral arguments last Wednesday was whether Section 5 of the act is still constitutional, given the disappearance of the conditions that once made it acceptable as a temporary and emergency truncation of states' sovereignty under federalism.
In 2008, two years after the fourth renewal of the act, Barack Obama won a higher percentage of the white vote than did Al Gore and John Kerry in 2000 and 2004, respectively. Today Mississippi has more black elected officials — not more per capita, more — than any other state.
Yet defenders of the continuing necessity of Section 5 merely shrug about the fact that race is no longer a barrier to either the nation's highest office or to state and local offices in what once was the state most emblematic of resistance to racial equality.
Last week, Chief Justice John Roberts, noting that Massachusetts has the worst rate of white turnout compared with that of blacks, and that Mississippi has the best, asked Solicitor General Donald Verrilli: “Is it the government's submission that the citizens in the South are more racist than citizens in the North?” Verrilli said no. His answer was obviously false. Otherwise, the administration would favor extending Section 5 to the entire nation.
Section 5 was enacted as a temporary response to many measures employed, primarily in the South, to disenfranchise minorities. It requires nine states and some jurisdictions in others to get federal permission — “pre-clearance” — for even minor changes in voting procedures. It has been extended four times, most recently in 2006 for 25 years .
The 2006 House vote was 390-33, the Senate vote was 98-0; obviously, the political class's piety about the act has extinguished thought about its necessity. But one reason for judicial review — for active judicial engagement in the protection of constitutional rights and arrangements — is that the political class, with its majoritarian temptations, cannot be trusted to do so.
In 1982, Section 2 of the Voting Rights Act was amended to say that the act is violated whenever nomination and election processes “are not equally open to participation” by minority voters. And equality of participation is said to be denied whenever minority voters “have less opportunity than other members of the electorate to ... elect representatives of their choice.”
And representatives “of their choice” has been construed to mean representatives who are members of the same minority. This expresses two tenets of progressivism's racialism. One is identity politics: Your race is your political identity.
The other is categorical representation: Members of a race can be understood and represented only by members of this race. By this reasoning the act has become an instrument for what Roberts has hitherto called “a sordid business, this divvying us up by race.”
Each renewal of the 1965 act should have involved sifting the most recent voting results. But the most recent data used in 2006 were from 1972. By 2031, these data will be 59 years old. Unless the court now stops this pernicious silliness, in 2031 Section 5 will no doubt be renewed a fifth time, perhaps for 34 years, through the centennial of this temporary measure.
George F. Will is a columnist for The Washington Post and Newsweek.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Trooper fatally shoots burglary suspect inside Somerset grocery store
- Armed bandit holds up Leechburg gas station
- Steelers offensive line targeting injury-free performance as key
- Westmoreland used car dealers indicted in fraud
- Struggling Pirates SS Mercer finding himself out on infield’s left side
- Officials envision reinvigorated Allegheny County Airport
- Allegheny County inmate dies at hospital
- Starkey: Patriots’ legacy forever stained
- New Kensington Megan’s Law offender jailed on new child porn charges
- Pa. sees widespread job gains; jobless rate holds at 5.3%
- Plum witnesses seen entering grand jury building in Dormont