In interviews before the midterm elections, NAACP
President Cornell William Brooks appeared on news programs to warn, as
he did on MSNBC, "this is the first election in a generation where the
American electorate is unprotected by the Voting Rights Act."
Brooks is not accurate: the Voting Rights Act
remains powerful and in effect; only a small portion of the Act,
Section 4(b), was struck down last year.
What's more, when he asserts that the Act was
"gutted," his words imply there is a conspiracy to neuter
African-American voters by requiring IDs to vote and rolling back
conveniences African-Americans disproportionately use, such as Sunday
voting.
To meaningfully discuss such claims, mistruths must be resolved.
Liberals vociferously oppose ballot
protection laws recently passed in several states, saying valid
identification requirements and more stringent voting rules disfranchise
voters — particularly minorities. They dismiss vote fraud as a rare
occurrence, yet people have been convicted and investigations have
proven that fraud can easily occur in the absence of common sense
safeguards.
They also support President Obama in his
opposition to voting safeguards. Yet they ignore the irony that Obama
won his first election in 1996 by challenging and invalidating the
candidate petitions of all his primary opponents, including the
incumbent, so he ran unopposed in the primary and cruised to victory in
the general election.
Where are the howls of voter suppression? Obama clearly disfranchised South Side Chicago voters.
Brooks's complaint is with the 2013 U.S. Supreme Court decision Shelby County, Alabama v. Eric Holder.
It struck down the Voting Rights Act's "preclearance" formula.
Preclearance requires certain states and localities to obtain federal
permission before changing how elections are held. The old formula
punished areas for behavior prior to 1964. The Court ruled Congress
must update the formula to include events since 1964 before preclearance
can be required.
Brooks and others may bemoan the Court's actions, but they
only have themselves to blame. They ignored the justices' warning in
2009's Northwest Austin Municipal Utility District No. 1 v. Holder,
which advised Congress the preclearance formula was outdated. Liberals
controlled both Houses of Congress and the White House, yet they failed
to update the formula.
In Shelby County, four years later,
Chief Justice John Roberts reminded Congress that it "could have updated
the coverage formula…, but did not do so. Its failure to act leaves us
today with no choice but to declare [preclearance standards]
unconstitutional. The formula in that section can no longer be used as a
basis for subjecting jurisdictions to preclearance."
How is it that those who now demand a full
restoration, and even strengthening, of the Voting Rights Act failed to
protect their priority when they had the chance, and after being warned
by no less a body than the U.S. Supreme Court in a widely-publicized
decision?
Updating the Voting Rights Act's preclearance
formula likely would have been an easy and bipartisan proposition.
After all, the latest Voting Rights Act reauthorization was passed
390-33 and 98-0 respectively when Republicans controlled both the House
and Senate and George W. Bush was in the White House. Republicans could
be expected to support it. Furthermore, as demonstrated by the passage
of President Obama's stimulus bill in 2009 and ObamaCare in 2010, both
without GOP support, the Democrats in 2009 and 2010 didn't need
Republican votes to get legislation passed.
So, is there really a racial conspiracy or
was there intentional inaction to create false controversy over voting
rights for political gain?
President Obama said recently on Al Sharpton's radio show: "Apathy, not voter ID, keeps minorities from the polls."
The President is correct. On TVOne, the
NAACP's Brooks agreed, saying, "if you believe that your right to vote
should be unfettered and unrestricted, then you need to show up to the
polls and vote." Unscripted, his apparent fear of a change in the
Voting Rights Act suppressing black voters disappeared.
Besides such outbursts, liberals are using
convenient mistruths to create a false anti-voting rights conspiracy to
energize their base, especially when they need it. Spreading such
falsehoods is harmful, especially to the cause of better race relations.
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