Running Head: PRE AND POST VOTING RIGHTS ACT OF 1965 PRE AND POST VOTING RIGHTS ACT OF 1965 14 Title Samarea Price Savannah State University 28 February 2019 Literature Review Pre-Voting Rating Act According to Bestor (1964), the founding constitution of the United States did not regard black people as human beings at all, so there was no way to talk about the right to vote at that time. During the American Civil War, President Lincoln issued the Emancipation Proclamation on January 1, 1863, announcing that all slaves were free. Before the Civil War, the Supreme Court in the Scott decision that caused a serious constitutional crisis had explained that the Constitution made black people the private property of slave owners and was inalienable (Bestor, 1964). Therefore, President Lincoln’s order to liberate slaves seems to violate the spirit of the Constitution. Interestingly, the Supreme Court Justices, who were with Lincoln in the capital, Washington, closed their eyes, and even Chief Justice Roger Tenny, who wrote the Scott’s verdict, did not boo and did not dare to defend constitution (Issacharoff, 1992). According to Lawson (2003), President Lincoln’s announcement of this order was only symbolic at the time, and it was a propaganda campaign to disintegrate the enemy’s rear. After the end of the Civil War, Congress enacted Article 13 of the Constitutional Amendment in 1865, abolishing slavery, which really liberated slaves in law. In 1868, Article 14 of the Constitutional Amendment was enacted to give the identity of a black American citizen (In Robinson & In Sullivan, 1991). However, Article 14 of the amendment does not address racial discrimination in the right to vote. To this end, Congress passed the 15th amendment in 1870, which clearly states: “The Government of the United States or any state government may not refuse because of race, color, or previous service. Giving or depriving the citizens of the United States of the right to vote." (In Robinson & In Sullivan, 1991)……………. So, in theory, black Americans won the right to vote in 1870. but it is not the truth. Under the US federal system, many functions of the government are the responsibility of the state government (In Robinson & In Sullivan, 1991). Before the introduction of the US Voting Rights Act in 1965, the specific provisions of the voting were formulated by the state governments, and the federal government could not intervene. Although the Constitution stipulates that the right to vote cannot be deprived of race and color, the states, especially the law-making institutions of the southern states, have changed the law to deprive blacks of the right to vote. These laws that deprive black people of their right to vote are mainly based on prerequisite to voting. If you have to meet certain property requirements, pay taxes, pass cultural examinations, etc., you can register voters (In Robinson & In Sulliv.

1. Running Head: PRE AND POST VOTING RIGHTS ACT OF
1965
PRE AND POST VOTING RIGHTS ACT OF 1965
14
Title
Samarea Price
Savannah State University
28 February 2019
Literature Review
Pre-Voting Rating Act
According to Bestor (1964), the founding constitution of the
United States did not regard black people as human beings at
all, so there was no way to talk about the right to vote at that
time. During the American Civil War, President Lincoln issued
the Emancipation Proclamation on January 1, 1863, announcing
that all slaves were free. Before the Civil War, the Supreme
Court in the Scott decision that caused a serious constitutional
crisis had explained that the Constitution made black people the
private property of slave owners and was inalienable (Bestor,
1964). Therefore, President Lincoln’s order to liberate slaves
seems to violate the spirit of the Constitution. Interestingly, the
Supreme Court Justices, who were with Lincoln in the capital,
Washington, closed their eyes, and even Chief Justice Roger
Tenny, who wrote the Scott’s verdict, did not boo and did not
dare to defend constitution (Issacharoff, 1992).
According to Lawson (2003), President Lincoln’s announcement
of this order was only symbolic at the time, and it was a
propaganda campaign to disintegrate the enemy’s rear. After the
end of the Civil War, Congress enacted Article 13 of the

2. Constitutional Amendment in 1865, abolishing slavery, which
really liberated slaves in law. In 1868, Article 14 of the
Constitutional Amendment was enacted to give the identity of a
black American citizen (In Robinson & In Sullivan, 1991).
However, Article 14 of the amendment does not address racial
discrimination in the right to vote. To this end, Congress passed
the 15th amendment in 1870, which clearly states: “The
Government of the United States or any state government may
not refuse because of race, color, or previous service. Giving or
depriving the citizens of the United States of the right to vote."
(In Robinson & In Sullivan, 1991)…………….
So, in theory, black Americans won the right to vote in 1870.
but it is not the truth. Under the US federal system, many
functions of the government are the responsibility of the state
government (In Robinson & In Sullivan, 1991). Before the
introduction of the US Voting Rights Act in 1965, the specific
provisions of the voting were formulated by the state
governments, and the federal government could not intervene.
Although the Constitution stipulates that the right to vote
cannot be deprived of race and color, the states, especially the
law-making institutions of the southern states, have changed the
law to deprive blacks of the right to vote.
These laws that deprive black people of their right to vote are
mainly based on prerequisite to voting. If you have to meet
certain property requirements, pay taxes, pass cultural
examinations, etc., you can register voters (In Robinson & In
Sullivan, 1991). Because most of the blacks are poor and
uncultured, they are rejected by the preconditions of these
votes. But these preconditions also exclude poor and illiterate
whites. To remedy this problem, genius members have
developed Grandfather Clauses that specifically block blacks,
and voters who have the right to vote for their grandfather can
exempt these registrations. Prerequisites. For example, an
illiterate white person will not be predicated on the premise of a
cultural test because the white grandfather has the right to vote.
But the black grandfather was a slave and could not have the

3. right to vote, so he was trapped by this "grandfather clause."
This kind of evil law that discriminates against black voters,
like the Jim Raven Law, is also produced through proper
democratic procedures, voted by the state legislature and signed
by the governor (In Robinson & In Sullivan, 1991).
Judicial challenges to the state government's preconditions for
registering voters are unwarranted. From 1875 to the 1960s,
many cases entered the US Supreme Court. Although Article 15
of the Constitutional Amendment is not more than one word, it
is still the same. During this period, the Supreme Court
supported the state government's legislation in the early stage,
and later decided in some cases that certain voters' registration
conditions were unconstitutional. However, the situation has not
changed substantially. After some discriminatory provisions
have been abolished by the federal courts, the state government
will immediately adopt new laws to block black voting.
Post Voting Right Act
The bill, according to Margaret (1987), abolished the
preconditions for registration of states that deprived black
suffrage. It also stipulates that the new electoral law of the state
government must be reviewed by the federal government before
implementation. The reason why the VRA was passed is because
of the great environment of the 1960s. After a black march in
Washington in the summer of 1963, a public opinion check
showed that most Americans wanted to solve the ethnic
problem. Before the suffrage law was submitted to Congress,
Gallup’s investigation was that 76% of the country voted for the
bill, 49% in the South, and 37% in opposition, from the
Democratic Party of Louisiana, Hale Borg. Hale Boggs believes
that he supports the law because he believes that basic voting
rights are part of the US liberal democracy (Keech, 1968).
Second, the pressure of the civil rights movement. In 1964,
Lyndon Johnson won 61% of the votes, which received 94% of
black votes. Without the support of blacks, the Democrats could
not win in Arkansas, Florida, Tennessee and Virginia. The
leader of the civil rights movement is obviously using it. The

4. Democratic Party has benefited from black voting. Now is the
time to return. In order to promote the passage of the Voting
Rights Act, leaders of civil rights movements such as Martin
Luther King Jr. held an unprecedented demonstration in the city
of Selma, Alabama in March 1965, and the team clashed with
the police (In Robinson & In Sullivan, 1991). On March 15th,
Johnson delivered a speech acknowledging that blacks have
been treated unfairly and that everyone must overcome this
injustice. Two days later he submitted the Civil Rights Bill to
Congress. The pressure of the civil rights movement pushed
Congress to pass the bill. Third, Johnson's personal factors.
Johnson is from the South, but he is moderate on ethnic issues.
In August 1957, when he was the leader of the majority of the
Senate, he strongly promoted the first civil rights bill since
Congress. Its personal factors also played a role in the passage
of the Law on the Right to Vote (In Robinson & In Sullivan,
1991).
Needless to say, the bloodline theory is reactionary. But the
world's left-wing, right-wing, democratic dictatorship, and
ideology are all right to fight against each other. As long as
there is a suitable climate, they all like to sacrifice the theory of
bleeding, and the technique is exactly the same, as a master
taught.
Although the act legally cleared the obstacles of black voting,
but the white rulers in the South will not easily give the
political stage to the blacks, but will try every means to stop the
blacks from voting (Margaret 1987). For example, in order to
prevent blacks from entering the state-level legislature, re-
dividing the state legislature, combining the black majority
population with the white majority population into an electoral
unit, and preventing the black population from being relatively
concentrated in the election of their own state legislators, The
Virginia State Assembly merged five black-majority counties
with a white majority to form a constituency, thus avoiding
black-majority constituencies. In New Orleans, between 1970
and 1980, the black population increased from 45% to 55%, but

5. the number of constituencies with a majority of black
population dropped from 11 to 7, while the number of white-
based constituencies increased from 7 to 8 (Margaret 1987). A
total of 122 people were selected from 82 constituencies. After
re-division, 82 constituencies were reduced to 72. The reason
was that the constituencies were mostly single counties, and
now merged, and some constituencies became a merger of two
counties. Secondly, there was Change the election method and
election rules (Lawson, 2003). The most obvious example
occurs in Mississippi. The state established the Mississippi
Liberal Democrats, and blacks have launched political
challenges to whites. In 1966, the Mississippi State Assembly
passed an amendment to improve the electoral rules. If the
number of independent nominees for independent candidates
increased by 10 times, each voter must write the nomination
book in person, and the certification must be signed. The
completion of the county court staff (basically white) and so on
has undoubtedly increased the difficulty of black elections.
Third, there was city annexation (annexation) (Lawson, 2003).
Due to the development of the suburbs, white people gradually
moved to the suburbs, and the black population of the city rose
sharply, which became one of the whites' worries. As a result,
there has been a merger of cities. Through the annexation of
suburbs, most of them are white residential areas, which has
brought a large number of white voters and become a way to
effectively eliminate the influence of black voting (Margaret
1987). As in Richmond, Virginia, the merger in 1969, the
incorporation of a large number of white residents made the
black population from a majority to a minority in one night. The
city expanded by 23 acres, incorporating 430 million whites and
4,000 blacks, reducing the proportion of urban blacks from 52%
to 42% (Husted and Lawrence 1997). Atlanta's example is also
representative. As the proportion of blacks in the Atlanta
population increases, the city government has repeatedly hoped
to expand the white population through urban mergers. In
particular, in the mid-1960s, the proportion of black people was

6. nearly 40%. At that time, it was ready to merge the white
suburbs of the north of the city, believing that this is the only
way to balance the black and white population. Despite the
banner of increasing taxes and urban development, it is actually
a race issue, and white rulers fear that blacks are likely to
become the majority of the city within six years (Karlan, 1991).
Even after the first black mayor in Atlanta in 1973, the issue of
mergers is still under discussion. The local newspaper
commented that “the fact that race and blacks have the potential
to control this state of Georgia is the main and clear reason for
expanding the borders of Atlanta.” “All the proposals are
intended to immediately weaken the votes of the blacks
(Lawson, 2003).
Nevertheless, it should be noted that after the voting rights act,
the southern United States has undergone unprecedented
changes (Lawson, 2003). One of the most important changes is
the increase in the black voter turnout rate and the increase in
the election of black people. The civil rights movement
awakened the political consciousness of the southern blacks,
and the 1965 Voting Rights Act ended the history of the black
voting of the southern blacks for nearly a century. In the short
time after the bill came into effect, the black voter turnout rate
surged. In 1940, only 2% of black voters of the appropriate age
voted. In the late 1950s, the eve of the civil rights movement,
the black voter turnout rate was 20%, but by 1970, 60% of
black-age voters had voted. This figure is close to the southern
average. Turnout rate - 60% (Jones-Correa, 2005). The direct
result of the increase in black voter turnout is the increase in
the number of elected officials of the Black People. In 1965,
there were fewer than 100 elected officials of the Southern
Black People. In 1970, there were 500 people. In 1975, there
were more than 1,600. In 1980, it was 2,500, accounting for
50% of the national black people's elected officials (Lawson,
2003). In 1972, Barbara Jordan from Houston and Andrew Yang
from Atlanta were elected as congressmen. Since then, blacks
from the South have entered the Congress; from 70 In the early

7. years, important southern cities such as New Orleans, Atlanta,
and Birmingham successively elected black mayors; in 1990,
Doug Wield, the descendant of black slaves, was elected
governor of Virginia (Lawson, 2003). Since the civil rights
movement in the 1960s, the enthusiasm of black people to
participate in politics has been on the rise.
The Purpose of the Study
This study is meant to demonstrate whether indeed the voting in
the United States has been affected or not, and if it has been
affected, what is the manner in which it has been affected by
pre and post 1965 voting rights (Lawson, 2003).
As outlined above already, the voting culture was so different
before and after the 1965 voting act. Before the act, the black
Americans were not regarded as equal human beings to the
white Americans. It is because of this reason that the black
Americans were denied their fundamental rights, including the
basic and fundamental right to vote for the leaders
Additionally, the paper aims at presenting a discussion of the
manner and nature in which there has been a change in the
voting history of the United States, and to be particular, the
manner in which the black Americans take place in the voting
process.
Through the use of various data collection methods, the data
will be analyzed and critically evaluated in order to
quantitatively and qualitatively establish if the black Americans
have been incorporate fully into the voting activity or not. The
resultant data will provide a quick visual impression of the
voting aspects especially of the black Americans.
Based on the information above, the following is the hypothesis
of study of this paper.
Substantive hypothesis: the voting rights of the black
Americans improved, made better and even guaranteed by the
1965 amendments (Lawson, 2003).
Vs. Null hypothesis: the 1965 amendments did not have any

8. impact on the voting right.
Method
The hypothesis above captures all the aspects of voting right in
relation to the discussion concept. It provides a basis of
discussion of the above topic/ research question.
They key concepts of the research question and topic can be
assed and measured by use of the various quantitative
techniques such as the analysis of the various data on the voting
and result outcome in the country.
The methods used to collect the data for use by this paper range
from a number of methods. To begin with, there is the use
download of data from credible websites, access to the various
scholarly materials to identify and relevant and useful data and
through access to the various data websites as well as interview
on various personnel for instance political scientists to get their
view on the question (Karlan, 1991).
Sources of data are simply as explained in the preceding
paragraph above. Various scholarly materials, data sites and the
various sources which have a high credibility. Other sources are
the various political articles and archived political reports.
The above sources are certified to be having a high credibility
bad it is because of the reason that they were chosen to be used
by this paper. Additionally, the methods/ techniques are also of
high credibility level hence as well is the reason why they have
been chosen by this paper. For instance the various scholarly
works (as cited in this work) are obtained from the Google
scholar site. Hence they are considered and regarded to be
credible in view of this paper. In addition, the articles are
obtained from the various magazines such as the Washington
post and are hence treaded with high regard.
Elsewhere, the sites which avail the data for use by this paper
are sites which are have been used for quite a long time now

9. and their credibility is certainly high and they are reputable
sources for use in the various scholarly purposes. The sources
above therefore are all treated as very reliable and worth of use
by this paper (Karlan, 1991).
The data collected in this paper is about the participation of the
black Americans in the voting process of the United States and
on whether or not their voting rights are respected in the
contemporary world. It identifies the various participation
levels and the nature as well as the pattern of the black
Americans and the voting process in the United States (Lawson,
2003).
The data collected is of the right sample size as per the view of
this paper. The sample size is directly a reflection of the true
population that is being researched on, i.e. the population of the
black Americans and partly that of the white Americans (Bestor,
1964).
The various percentages used are based on the data that has
been used and the various calculations which are required to
provide useful statistics for this paper. For instance, a sample
size of 42 million people has been used to represent the whole
population of the black Americans in the United States.
In the view of this paper, the correct portions of samples have
been drawn from the various states and cumulatively they form
a correct sample size for use in this paper. For instance the
populations of the black Americans in the various states in
sampled states are the optimal size that is considered to be a
correct representative of the rest of the states (Bestor, 1964).
The sampling technique used by this paper is the random
sampling technique. Various random techniques were used to
access the data and information used in this paper. The random
technique was used in order to reduce and avoid bias cases in
the data that is used (Bestor, 1964).
Elsewhere, there is use of systematic sampling techniques and
the stratified sampling techniques. Different data require
different techniques to process them or to access them therefore
not just a single technique can be used in the sampling process.

10. It is important to note that the sampling was done from the
various sources listed in the above paragraphs.
The procedure of sampling involves access to a given data in a
particular source, a quick glance through the data but in a
detailed manner to ensure that it is appropriate for use in this
paper it is then that the relevancy and appropriateness of the
data qualifies it for use and then in a random manner, the
sample is chosen for use.
The data collection instruments use by this paper include like:
the various soft wares, computers, internet access tools,
physical printouts for recording the data among other tools.
Statement of Confidentiality
The participation level of the black Americans in key processes
in the United States is much improved but not yet to the proper
levels that it should be. More effort should be directed towards
the realization of the full rights of the black Americans as well
as other minority groups in the United States (Leung, 2015).
Analysis
The data brings out the detailed matters such as the level of
participation of the black Americans in the voting process. The
various percentages of the black Americans and their
participation in the voting process are all keenly outlined in the
paper.
From, the extensive analysis of the date in this paper, it is easy
for one to make a conclusion on whether, there has been a
correct amount of push for active participation of the people in
the search for equal rights in the united states. A good example
is in the proceeding parts of this paper, the manner in which the
various champions of the black rights did all the efforts possible
is clearly outlined (Karlan, 1991).
The increase in population of the black Americans is another
good indicator of the plight of the people. It is evident from the
proceeding parts that the population of the black Americans has
been on the upward trend. It therefore means that they are
gradually becoming a dominant force in the United States
politics.

11. It is for the reason of the increase in the population of the black
Americans is by no doubt a reason that has constantly pushed
for their increased participation in the elective processes in the
elections of the United States. Not only the election rights have
been improved, but also other rights of the black Americans
have been granted. Slowly the transformation is now real in
terms of the manner in which they are treated, the black
Americans.
Table Showing the Ratings of the voting rights of the black
Americans over the last 5 years (source: Analytics data Simman
Data group)
Year
Score (%)
1985
75
1997
81
2008
88
2017
93
So, in theory, black Americans won the right to vote in 1870.
but it is not the truth. Under the US federal system, many
functions of the government are the responsibility of the state
government (In Robinson & In Sullivan, 1991). Before the
introduction of the US Voting Rights Act in 1965, the specific
provisions of the voting were formulated by the state
governments, and the federal government could not intervene.
Although the Constitution stipulates that the right to vote
cannot be deprived of race and color, the states, especially the
law-making institutions of the southern states, have changed the
law to deprive blacks of the right to vote.

12. These laws that deprive black people of their right to vote are
mainly based on prerequisite to voting. If you have to meet
certain property requirements, pay taxes, pass cultural
examinations, etc., you can register voters (In Robinson & In
Sullivan, 1991). Because most of the blacks are poor and
uncultured, they are rejected by the preconditions of these
votes. But these preconditions also exclude poor and illiterate
whites. To remedy this problem, genius members have
developed Grandfather Clauses that specifically block blacks,
and voters who have the right to vote for their grandfather can
exempt these registrations. Prerequisites. For example, an
illiterate white person will not be predicated on the premise of a
cultural test because the white grandfather has the right to vote.
But the black grandfather was a slave and could not have the
right to vote, so he was trapped by this "grandfather clause."
This kind of evil law that discriminates against black voters,
like the Jim Raven Law, is also produced through proper
democratic procedures, voted by the state legislature and signed
by the governor (In Robinson & In Sullivan, 1991).
Judicial challenges to the state government's preconditions for
registering voters are unwarranted. From 1875 to the 1960s,
many cases entered the US Supreme Court. Although Article 15
of the Constitutional Amendment is not more than one word, it
is still the same. During this period, the Supreme Court
supported the state government's legislation in the early stage,
and later decided in some cases that certain voters' registration
conditions were unconstitutional. However, the situation has not
changed substantially. After some discriminatory provisions
have been abolished by the federal courts, the state government
will immediately adopt new laws to block black voting.
In the case Reno v. Shaw 509 US 630 (1993) the majority
opinion presented by Justice O’Conner:
“Yes. The Court held that although North Carolina's
reapportionment plan was racially neutral on its face, the
resulting district shape was bizarre enough to suggest that it
constituted an effort to separate voters into different districts

13. based on race. The unusual district, while perhaps created by
noble intentions, seemed to exceed what was reasonably
necessary to avoid racial imbalances. After concluding that the
residents' claim did give rise to an equal protection challenge,
the Court remanded - adding that in the absence of
contradictory evidence, the District Court would have to decide
whether or not some compelling governmental interest justified
North Carolina's plan (Oyez, 1992).”
References
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the Vote in the Quest for Equality. Chicago: Rand McNally.
Karlan, P. S. (1991). Undoing the Right Thing: Single-Member
Offices and the Voting Rights Act. Virginia Law Review 77:1–
45.
Jones-Correa, M. (2005). Language Provisions Under the Voting
Rights Act: How Effective Are They? Social Science Quarterly

14. 85:549–564
Issacharoff, S. (1992). Polarized Voting and the Political
Process: The Transformation of Voting Rights Jurisprudence.
Michigan Law Review 90:1833–1891.
Husted, T. A. and Lawrence W. K. (1997). The Effect of the
Expansion of the Voting Franchise on the Size of Government.
Journal of Political Economy 105:54–82.
Margaret E. (1987). Free at last, what Really Happened when
Civil Rights Came to Southern Polities. Maryland: Adler &
Adler, Publisher Inc.,
Bestor, A. (1964). The American Civil War as a Constitutional
Crisis. The American Historical Review. 69 (2): 327-352
Lawson, S. F. (2003). Civil rights crossroads: Nation,
community, and the Black freedom struggle. Lexington,
Kentucky The University Press of Kentucky
In Robinson, A. L., & In Sullivan, P. (1991). New directions in
civil rights studies. Charlottesville: University Press of
Virginia.
Leung, L. (2015). Validity, reliability, and generalizability in
qualitative research. Journal of family medicine and primary
care, 4(3), 324.