George Will: Time caught up with the Voting Rights Act

Register
Jul 1, 2013

 

 “But history did not end in 1965.”

— Chief Justice John Roberts on Tuesday

Progressives resent progress when it renders anachronistic once-valid reasons for enlarging the federal government’s supervisory and coercive powers.

Hence they regret Tuesday’s Supreme Court ruling that progress has rendered Section 4 of the 1965 Voting Rights Act unconstitutional.

This section stipulates the formula by which nine states and some jurisdictions in others are brought under Section 5, which requires them to get federal permission — “preclearance” — for even the most minor changes in voting procedures.

The 15th Amendment empowers Congress to enforce with “appropriate legislation” the right to vote. Sections 4 and 5 were appropriate 48 years ago, when the preclearance provisions were enacted for five years. They have been extended four times, most recently in 2006 for 25 years.   

The VRA is the noblest legislation in American history, more transformative than the 1862 Homestead Act, the 1862 Morrill Act (land-grant colleges) or the 1944 GI Bill of Rights. But extraordinary laws that once were constitutional, in spite of being discordant with the nation’s constitutional architecture, can become unconstitutional when facts that made the law appropriate change. The most recent data, such as registration and voting rates, on which Section 4 is based, are from 1972.

The data would have been 59 years old when the most recent extension would have expired in 2031. Tuesday’s decision prevents this absurdity that Congress embraced.

In 2009, in a case in which the court chose not to rule on the continuing constitutionality of the VRA’s formula, the court — Chief Justice Roberts writing for the majority — clearly challenged Congress to update the VRA because it “imposes current burdens and must be justified by current needs.” On Tuesday, Roberts tersely said Section 4 is “based on decades-old data and eradicated practices.”

Comments

Contango

"Texas rushes ahead with voter ID law after supreme court decision":

http://www.guardian.co.uk/world/...

Gotta show ID for just about ANYTHING anymore, but the voting requirement is a "burden" for minorities?

Peninsula Pundit

It is tiresome to keep reading from the medium-information experts on many boards who either don't or can't realize that voting is a 'constitutionally-guaranteed right'. As such the bar is placed very high as far as limitations on that right, and rightfully so.
Every voter has to give a name and address when they vote and has to sign that they have voted. A review of this list is the proper way to catch voter fraud. No ID beforehand needed. This is the way things have worked for years. There is no need to re-invent the wheel.
It is a widely-known fact that actual cases of voter fraud are few.
Just because you have to show your ID to move your bowels anymore doesn't necessarily mean that is a GOOD thing.
It sure isn't the kind of Liberty the Founding Fathers envisioned.
I realize this is a unpopular opinion as scared folks do everything they can to try and feel 'secure' these days, but fearless Americans realize that you really can't legislate 'security'.
I'm not a 'minority' BTW.
It appears 'tango's last comment is just pure racist.

Contango

Re: "It sure isn't the kind of Liberty the Founding Fathers envisioned."

Originally only male, white land owners had the right to vote.

Oh how times change.:)

Well, voter ID is the law in TX and other states - go rail against the FACTS.

deertracker

Fact is, I had to show ID to register so why do I need it again to vote? Voter suppression at a Supreme level.

Contango

Re: "why do I need it again to vote?"

'Cuz maybe "you" ain't YOU?

Deal with it.

deertracker

An ID doesn't prove you are you. Ever heard of a fake one? No worries pooh, no one is going to claim to be you!

Contango

Re: "An ID doesn't prove you are you."

And merely claiming to be you is an even MORE valid form of identification?

DERP!

deertracker

You obviously have no clue how voter registration works. Sad!

Contango

DERP!

KnuckleDragger

^^more proof of continued ignorance.

Contango

Re: "more proof of continued ignorance."

IMO, more like mind control. The American Ruling Class tells 'em what to b*tch and moan about and like dutiful bots - they comply.

The bots tend to deal from a point of emotion, not reasoning.

grumpy

Some folks think that things haven't changed in 48 years. They don't like it when they are shown that they are wrong, things change over the years. But then they would have to pull their heads out of the sand to realize that.
50 years ago folks didn't move as often as they do now and usually at least one poll worker would know the voter, now-a-days... not so much. How does anyone know how much voter fraud goes on? If it works who would know?

Contango

Re: "50 years ago folks didn't move as often as they do now,"

Good point.

Most people knew their neighbors and those that worked on election boards were from the neighborhood.

Picked up a prescription for a family member the other day. By Fed law I had to show my ID since it was a controlled substance.

Also, about a yr. ago, I got some antihistamines for my daughter who had a cold.

They used to be on the shelf, but since the tweekers started making meth out of 'em, they're behind the pharmacy counter and I had to show my ID.

Are those acts of health care "suppression"??? :)

deertracker

It's about drugs pooh. Do you ever get anything not on breitbart.com?

Contango

Re: "It's about drugs,"

Why isn't one's word good enough? You seem to prefer it for voting. :)

The fact is DERPY that it's the law - deal with it.

deertracker

You mean why isn't YOUR word good enough!!!!!!! I don't have to deal with it because I don't use those products!

Contango

Re: "I don't use those products!"

Well if you EVER do, be sure to b*tch about your rights being suppressed.

deertracker

It has been proven over and over that very little fraud takes place!

Contango

Re: "very little fraud takes place!"

Sloppy thinking perusal. Define: "very little".

deertracker

Look it up!!!!!!!

Contango

Re: "Look it up!!!!!!!"

YOUR claim, YOUR proof DERPY.

grumpy

If folks don't get caught, in other words are successful at perpetraitng the fraud, how would anyone know that very little fraud takes place? Guessing, hopeful wishing, or what? If you said very little fraud is caught I would grant you that. The rest is speculation.

deertracker

You obviously don't understand the voter registration process either!

grumpy

Just means you have to sign a paper stating you are who you say you are, no proof necessary. Very hard to do. You don't need to produce anything to prove you are who you say you are. Next...

deertracker

Don't know about you but I had to show ID when I registered! Next...................

The Big Dog's back

Show me in the U S Constitution where it says you have to have an ID to vote.

Contango

Re: "Show me in the U S Constitution where it says you have to have an ID to vote."

10th Amendment.

DERP!

The Big Dog's back

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. - See more at: http://constitution.findlaw.com/...

Derp.

KnuckleDragger

Sure, if you can show me where in the Constitution that I have to show an ID to purchase a firearm to practice my 2nd Amendment rights. Typical lib, pick and choose which parts of the Constitution have validity.

Contango

Re: "ID to purchase a firearm to practice,"

I had to have a FOID card in IL to even OWN a firearm and CCW is not allowed.

http://www.isp.state.il.us/foid/

deertracker

Just sit on your back porch with your can of chew and Folgers coffee can. Don't forget the wife beater! Get them that varmints!

Contango

Re: "Get them that varmints!"?

Reads like the rant of an illiterate bigot.

KnuckleDragger

Ahh again, more nonsense from the stalker in chief. Your wife must have given you the day off from laundry duty. You would know more about wife beaters than I would, living in Santucky and all.

goofus

Wow, what a racist hate rant from deertracker!!!

deertracker

What is racist and where's the hate? Just a comment. That is what he does!

goofus

Here's a comment blacks are just a tad sIower academicaIIy

goofus

Just ignore the poor white crackers huh you reverse racist

buttermaker

Show me where in the first amendment is says "separation"? But I can show you where in the 15th amendment is says you have to be a citizen to vote.

Contango

Re: "...reserved to the States respectively,"

Good to know that you still can read DERPY. :)

The Big Dog's back

Says nothing in the U S Constitution about voter ID. Thanks pooh for acknowledging that.

buttermaker

Says nothing about disallowing prayer in school, either.

The Big Dog's back

Which religion's prayer should be said in school?

Huron_1969

If the government can't control voter fraud, how do they know it "only happens a little" ?

deertracker

The government can control it, that's why there is very little!

Huron_1969

How do we know it's only a little?
And how much is a little ?
When does a little become a lot ?

deertracker

How do you know it is a problem? Never had an issue as long as yts were getting elected!

Huron_1969

Countless incidents have been proven over the last 20 years, and the trend is increasing
It is a problem that affects everyone and if it isn't dealt with, we will have one more failed government service that will increase the divide between it's citizens

Contango

Re: "It is a problem that affects everyone,"

Other than the 'fun' of it, it's largely a waste of time to attempt to reprogram the Obamabots and their cousins the Progressivebots.

Potentially, look for an update of an older model for 2016: The Hillarybot. :)

Only their Big Govt. liberal programmers have the code which tells them what data to use and how to regurgitate it.

Huron_1969

And the minority have learned how to make so much noise they appear to be the majority. Add in the misinformed and you have a new majority

I'm an independent and vote across party lines.... always looking for the politician with both feet on the ground and a finger on the nations pulse. Thought I'd mention that before the leftist attack my opinion

The Big Dog's back

Whatever.

Contango

Re: "Whatever."

That's "convincing" Big DERP. :)

Contango

@ DERPtracker:

B*tch and complain about voter ID all ya want.

It's the law in TX and other states.

If you don't like it, work to change it.

deertracker

You are the only one bitchin' pooh. I did not need a photo ID WHEN I VOTED FOR Obama!!!!!!!!!!!!!!!!! No issues here!

Contango

Re: "I did not need a photo ID WHEN I VOTED FOR Obama!!!!!!!!!!!!!!!!"

So you think that your voting for Pres. Obama had something to do with your not needing to show ID?

It's a states' rights issue DERPtracker.

The Big Dog's back

I don't remember the last time I showed an ID. Just signed my name. More voter suppression from the Rethugs.

Contango

Re: "Just signed my name."

Did you hold the pen in one paw or two Big DERP?

Huron_1969

Don't remember? Hopefully you remember to eat your own dog food

The Big Dog's back

Are you ashamed of being a right wing Repub?

Huron_1969

Can't be ashamed of something I'm not
None the less, if I was, I wouldn't be ashamed
Why are you so easily intimidated ?

The Big Dog's back

Intimidated?

anthras

I vote in Perkins and I was asked for my driver license the last several times that I voted. I did not have a problem with showing them and they had no problem giving me my ballot after they seen it. I do personally know the lady that asked to see it however I felt she was just trying to do her job as best as she could.

Contango

Strange how the Barack-holes are OK with the NSA collecting their phone calls, emails, etc., but then they wet themselves and moan when someone asks them for their ID in order to vote.

KnuckleDragger

The same libs who claim showing an ID to vote is so burdensome, have no problem producing one to collect welfare benefits, buy liquor, or a pack of smokes.

The Big Dog's back

So you're saying it's OK to show a welfare card to vote?

Contango

Re: "So you're saying it's OK to show a welfare card to vote?"

If a State rules that a SNAP card is an acceptable form of ID that would be true.

Back to the 10th Amend. Big DERP.

deertracker

Moderators have removed this comment because it contained Personal attacks (including: name calling, presumption of guilt or guilt by association, insensitivity, or picking fights).

KnuckleDragger

I don't know, do you ever get tired of the blisters on your palms?

Pete

Why would the Libocrits on here want voter ID laws?

They need to keep this stuff up:

Sometimes you really believe in a candidate so much, you’d do anything to help them win. Anything. Maybe even a little voter fraud. Officials in Ohio are investigating whether an Ohio poll worker voted multiple times for Barack Obama during the 2012 presidential election (Which kind of violates that whole one person, one vote idea behind a representative democracy). Melowese Richardson is apparently such an ardent supporter of Obama that she says she voted for him twice — casting votes via absentee ballot and also at a polling station. Authorities are also looking into whether the Cincinnati woman voted in the place of four other people, including her granddaughter.

http://now.msn.com/melowese-rich...

The Big Dog's back

You mean like SOS Ken Blackwell did for bush in 2004?

Contango

Re: "SOS Ken Blackwell did for bush in 2004?"

Welcome to 2013 Big DERP!

deertracker

You are in 2013 all of a sudden!?

Pete

Answer this Brutus:
When you go to vote at your Socialist/Cult/Union elections, are you required to show a valid ID?

The Big Dog's back

No.

Pete

Huh. All my family members (UAW, USW, IAF) have to show a valid ID. Yours must be small if everyone knows everyone else.

You should offer a better return for the dues money. Maybe you could get more members.

The Big Dog's back

Ahhhhhhh. I see the problem now. All of your family members have had a good union family life. Don't be jealous of them, go get yourself a good paying union job.

Pete

Not jealous at all. While there was a low point a few years ago I have much better pay and bennies than they do now. And I don't have 3% of my pay confiscated to fund some union thugs' lazy ways.

eriemom

Which........Show that our current laws work.

So, if the laws work, please explain why we need to change them.

Take a look at our representative region lines and try to explain how we benefit through representation. This can happen in Ohio because the Voter Rights Act does not include Ohio. Instead of removing states that are currently included we should include all states.

Contango

Re: "Take a look at our representative region lines and try to explain how we benefit through representation."

Both major parties gerrymander when they are in the majority.

Voting is a states' rights issue.

Why is it that the liberals feel the need to protect potential voter fraud?

My working rule in business: It's not that I don't trust you, I'm just trying to keep you honest.

The Big Dog's back

With a Repub like pooh, everything is "what if".

KURTje

Deertracker won.

goofus

So Obozo is in Kenya, his birth country preaching about voter ID's and registration now this
http://washingtonexaminer.com/us...
The faces of hypocricy are on the progressive side of the room.

The Big Dog's back

Maybe he will hold dual Presidency. President of US and President of Kenya. Right on Brother Barack.

Centauri

Thank you for posting that link.

"In 2011, the Pentagon released its first formal cyber strategy, which called computer hacking from other nations an "act of war," according to the Wall Street Journal. In late June of this year, WSJ reported that Edward Snowden, the NSA whistleblower, released information alleging the U.S. government was hacking Chinese targets "that include the nation's mobile-phone companies and one of the country's most prestigious universities."

"President Obama, however, doesn't seem to think he's done anything wrong."

The reason why Obama thinks that he has done nothing wrong is because he has no clue at what a president is supposed to do. He thinks that being president is gallavanting all over the world and acting like a celebrity instead of a president who should be taking care of the problems at home.

The Hero Zone's picture
The Hero Zone

As long as there is a reasonable and accessible method for voters to get the appropriate ID I see no reason why this is an issue. While I cannot speak for any at my store directly, in casual conversation of topics with my community there isn't much concern with them regarding it and I promise you all my demographics are very wide in scope.

We live in the 21st century and, political parties aside, there are some mentalities, issues, and stereotypes I would love to see fall to the wayside. We neither live in the 1800s nor the 1960s. Sheesh. Myself and others I know are insulted on a continual basis by those in power who continue to impose those cultural standards and thoughts on us.

For the reasons above is one of my pillars in support of term limits for Congress members as too many of them are at least from the most recent era mentioned. A few may even be 19th-century holdovers, too. When upset members of a constituency anywhere have to wait for you to forcibly retire due to scandal or age; or for you to perish in office so something can actually get done...that's pretty sad.

2cents's picture
2cents

Personally, I believe an ID to vote should be mandatory. If you care at all about the country you live in you should appreciate that the voting process is conducted honestly. I also feel that if you do not pay any taxes over a period of one year then you lose that right to vote until you do, of course there would be exclusions for things like retirees and home makers who file jointly with their spouse that pays income taxes. I believe that there is a very valid argument on the fact that if you put no monies into the pot then you should have no say on how they are spent and that means voting for a candidate that would give you the most for doing the least. New slogan, (You have no say if you do not pay)

Off topic but I also believe that the second amendment is great but we are a country of more city dwellers that country folk, therefor I feel that anyone who chooses to purchase and own any firearm should be required to take the twelve hour safety and concealed carry class with range time. It is not about how to shoot but more about the laws and the responsibility of owning a firearm.

Bottom line, voting is an honor, so respect it!

The Hero Zone's picture
The Hero Zone

I agree with your first paragraph, though to put it in historical comparison, that was the same reason why only white males could vote in the past. They were the only ones at the time who were allowed to own land. Thusly the thought was "only those with a/n in/vested interest in the place can help make decisions since they are the ones actively participating and paying taxes. How to fix this?

National sales tax. Everyone (or at least the vast, vast, vast majority) pays into the system. Doesn't matter marital status. Doesn't matter about citizen status. Doesn't matter race, gender, income level, hobbies, etc. Everyone participates and the tax decisions affect everyone, not just a group as they divisively do now. It captures legal income, illegal income, and even if companies fraud the system in addition to presumably being caught at some point the money will still be taxed at some point in time.

The beleaguered people on assistance can no longer be simply called parasites, welfare queens, or the like because they are participating in the system just like everyone else. The strained income generators can no longer be called tax cheats, dodgers, or the like because they are participating in the system like everyone else. This is a win-win that unites all Americans, fosters responsible Congressional decisions, and for those who don't want to pay those taxes (or a lot less)...grow your own food. Build your own deck. Learn a trade. Become self-sufficient or join or start a neighborhood buying/growing/building program.

As for your second, I certainly wouldn't mind a training class/license for gun ownership as long as it were as accessible as the requirements for voting. Though I don't know so much about us being more city-based...

The Big Dog's back

So you're OK with businesses losing their tax exempt status when buying equipment? A 2 million dollar machine would generate $120,000 in taxes at 6%. Are you sure?

The Hero Zone's picture
The Hero Zone

Yes because they get to keep all of their income. No corporate tax. Compared to today's rates that same purchase is at least a 20 percent discount. Probably more since companies are actually taxed twice.

Individual, corporate, and governmental responsibility are all brought to the forefront. Competitiveness is increased. Skills and trades are encouraged. This is a modern solution for modern problems based on over century old policies - monetary and societal.

2cents's picture
2cents

I an out of town and typing on a cell phone is a pain.Yes iI like that system, and we are in a new century where fair voting can be accomplished and fair taxes paid. As always here I Luke to post to make people think most of the time. L8tr

The Big Dog's back

Actually big Corporations pay little if any income tax. Everything they would buy would be taxed, from a pencil to healthcare. It would actually harm small businesses.

The Hero Zone's picture
The Hero Zone

As a small business I would disagree, especially if I got to keep all my income and only pay taxes when I purchased items. If I bought an item at $100 from my distributor, I would presumably pay $110 for it at a 10% rate. If I sold it for $220 (not counting the sales tax here since I wouldn't be paying it out of pocket, I'd collect it from the purchaser and pass it on) Then I just made $110 on a $10 tax. Simple, non-messy, no-exceptions/loopholes. Otherwise I would pay, let's say, 25% of that as income...unless I go through a large amount of time and extra expense to navigate the complex tax code to do exactly what you said...pay little if any income tax.

Even though it is "legal" would you say it is fair? If not for big corporations how fair is it for a busy person to have to memorize every piece of tax law to minimize their payments? If you don't, then our own government issues you a "stupid tax" for having the audacity to not know our income tax system and how you can manipulate it. It also isn't fair that every year the federal government gets to take an interest-free loan out of every paycheck of yours to then dangle your own money above your head in the spring as some kind of reward.

Now, some would call for only the "final" sale of (even more specifically only "new") goods to be taxed. Which is understandable. Others want a "value ( sarcastic "lol" at that term) added tax" which taxes every step of sale and production. Others would want a tiered system where food and medical is only taxed X%, assets and real property at Y%, and luxuries at Z%.

I understand that change and progress are uncomfortable for some, but these are equalizing and necessary measures for the modern and civil society in which we live. There is absolutely no reason why we should continue to live in 19th century conditions. The goal of a peaceful and unified populace is integration and participation. This does both for everyone regardless of entity, income, family status, etc.

The Big Dog's back

You say if you could keep every bit of your income. Therein lies another problem. Income is already disproportionate between worker and management. All this would do is make it worse.

The Hero Zone's picture
The Hero Zone

I don't see how it is a problem at all. Unless you are literally taking the paycheck from management to give to the workers, what you propose is no less a problem now. Management, overall, makes more for obvious reasons and unless you can provide some hard rule that further separates people into strata the point, while well-meaning and passionate, is irrelevant and an argument that is past its day.

Let's say someone making a million a year got to keep all of their income. Where does it go? Does it get hoarded in a vault like Scrooge McDuck; waiting for him to dive into his pile of gold coins for a morning swim? Or does it get reinvested back into the economy directly through purchases/investments or indirectly through bank deposits, life insurance policies, etc.? Also who is to say that someone wouldn't just take the difference and give it to a charity of their choice? Who knows? Who cares? It isn't anyone else's business.

For "the worker" it means more that they get to keep all their check as well. They get to decide what to spend their money on and with whom and nobody can ever tell them they aren't paying their taxes. It is empowering them by not just giving them all of their hard-earned money, but by drawing them into the active participation of the economy. They, too, will get their share of it. To that point, prices will be come even more competitive because the national sales tax, over time or with price differences, will be transparently higher.

The Hero Zone's picture
The Hero Zone

By the by, I appreciate this conversation.

The Big Dog's back

So you think an ID for voting can't be forged? I am surprised you Cons want to spend the money for this.

2cents's picture
2cents

An ID can be done like a credit card, a photo ID with a magnetic strip. The voting personal would verify the picture was you, you would swipe your card at that time the machine would also snap a picture of the person swiping the card. No big deal, just like buying a sandwich at McDonalds and you could only vote one time because the data would be instantly uploaded to the main server that counts the votes. If you want just like my company credit card it would send you a notification you voted to your cell phone, mine typically take from one second to a few min to receive!

Centauri

"So you think an ID for voting can't be forged?"

Easy to forge like birth certificates.

http://www.westernjournalism.com...
"Team Arpaio: Obama Birth Certificate An Original Forgery; Felony Possession"

http://beforeitsnews.com/obama/2...
"SHERIF IN ARIZONA AND EXPERTS HAVE CONFIRMED. CONGRESS TO CONVENE. CONFIRMED OBAMA BIRTH CERTICATE IS A FAKE"

The Big Dog's back

You also seem to have a man crush on Obama ehh.

coasterfan

My favorite comment about the Supreme Court decision was made by Ginsberg, one of the 4 dissenting judges, who said that eviscerating the Voting Rights is like throwing away your umbrella in a rainstorm. Essentially, the conservative viewpoint is "what do I need an umbrella for? I'm not wet".

This, of course, isn't a surprise, since even their own party's leaders call them the stupid party with a need to "close down for repairs". As if on cue, one "Birther" even brought up Obama's birth certificate. Listening to conservatives here is like attending a meeting of the Flat Earth Society...

The Hero Zone's picture
The Hero Zone

Hopefully my views haven't bored you. But regarding the decision about the Voting Rights Act I imagine being branded a racist simply for where you live can make millions and millions and millions of people rather upset. Despite the fact that we live in the 21st century and at least two generations have passed since the law was passed. I understand your frustration, but I am personally frustrated at the fact that we apparently can't move on from the late 19th nor mid-20th century.

Culture, like computer processors, will only exponentially change and improve as we communicate, learn, and share more. Laws like the one mentioned become more quickly antiquated and irrelevant, and in this case downright insulting to more and more people as the population only continues to grow through birth and immigration.

KURTje

Yet many worshipped Rob Perry. Weak.