African American News

"The Legacy of the 1965 Voting Rights Act - By Jim Neusom"

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This weekend marked the 40th year of the Voting Rights Act, signed into law by President Lyndon Johnson on August 6, 1965. In celebration (or patronization) of this historic event, you will be seeing a lot of specials and features, by the mainstream media. Community activist all across this country, will be sponsoring marches, town hall meetings, and public forums to discuss the ramifications and effect of this landmark legislation. In many ways, the history of Voting Rights Act (VRA), reflects not only the progress and missteps of the civil rights movement, but the current debate of Race in America.

The VRA has become an established urban legend in the Black online Diaspora (see http://www.cultural-expressions.com/thesis/cosby.htm). On many Black websites, the question was asked; if we are truly American...why do we need a special law to be able to vote? Well as the saying goes; A Lock Only Keeps An Honest Man, Honest! The original Constitution was written to protect the individual States from the federal government. The Bill of Rights was written to protect the individual rights of citizens. Beginning with the words "Congress shall make no law ...," You see even in the beginning of this country, wise men knew, that Man has never been right and the individual needed to be protected from the powerful, or in our case, the minority from the majority.

Many of my conservative friends will argue that race is no longer the primary factor to success in America. They feel that economics and personal responsibility are the key factors to achieving parity for our people. Where as, my liberal friends would counter, with the philosophy of social unrest and collective action can gain for all of us, what individually, we can not get for ourselves. The truth lies
somewhere in the middle. Only by acting as a group, do we have the combined power to wrestle from America, that which they never intended to give but to a small few...Freedom. In today's society, freedom is defined by economics. In the words of the framers of the constitution: If freedom is good for one, it is good for all!

The Untied States Constitution in its original implementation created various classes of free people, and the primary factor in determining your place in American society was based on economics. None of the
writers of the American Constitution ever contemplated Blacks, women, or poor white folks, being accorded citizenship or voting rights in the new republic. In fact it was written into Article 1, Section 2 of the American Constitution that Blacks were only three fifths human (for purposes of census taking) The formula, that was chosen by the framers of this country went as follows; Males meeting the property qualification. (could vote), All other males - about a third of the white male population (could NOT vote).

It was only by social unrest and outright civil war, that we were truly able to come together as a nation. This collective action bought about the Thirteenth, Fourteenth, and Fifteenth Amendments. The Thirteenth Amendment abolished slavery as a legal institution. The Fourteenth Amendment established the universality of U.S. citizenship for "all persons born or naturalized in the United States,". The Fifteenth Amendment, authorized congressional action to guard against disfranchisements by the individual states on the basis of "race, color or previous condition of servitude."

As a result, of these efforts to right the wrongs of the constitution, Blacks enjoyed their greatest moment in American history. Recently-freed slaves registered to vote by the millions and more
importantly, exercised their power at the polling booth. Black candidates began for the first time to be elected to local, state, and federal offices and to play a meaningful role in their governments. All
Black communities began to spring up, and prospered (there were more then one Black Wallstreet). For one brief moment in time, Blacks truly enjoyed the full benefits and protections of the Untied States
Constitution, and the Bill of Rights.

The extension of voting rights to black citizens was strongly resisted. White terrorist groups such as the Ku Klux Klan, attempted to prevent the 14th and 15th Amendments from being enforced by violence and intimidation. Two decisions in 1876 by the Supreme Court narrowed the scope of enforcement under the Enforcement Act and the Force Act, and, together with the end of Reconstruction marked by the removal of federal troops, resulted in a climate in which violence could be used to depress black voter turnout and fraud could be used to undo the effect of lawfully cast votes. The right for Blacks to vote was stolen and with it the prosperity that they had so briefly enjoyed.

It was not until almost a century later, that President Johnson, under pressure by racial riots and peaceful protest marches, reinstituted, and protected the Black vote, with the signing of the VRA. The VRA suspended literacy tests, poll tax's and other discriminry practices, (such as all white political primary's) used to keep Blacks out of the polling booth. The VRA provided for the appointment of federal
examiners (with the power to register qualified citizens to vote), in those jurisdiction that were "covered" according to a formula provided in the statute. In addition, under Section 5 of the Act "covered" jurisdictions were required to obtain "preclearance" for new voting practices. Section 2 of the Act, which closely followed the language of the 15th Amendment, applied a nationwide prohibition of denial or abridgment of the right to vote on account of race or color.

Now 40 years later, we as Black people have not regained the prosperity and power, demonstrated by our newly freed forefathers. We as a people have not taken the personal responsibility, or public obligation demanded of a free people. Between the apathy of an oppressed generation, the shenanigans of political manipulators, and the pure laziness of a people who have forgotten their past...we do not vote (generally speaking). As my conservative friends say; if it don't make
money, it don't make sense. Voting allows you to control the distribution of money and jobs into your community. My liberal friends are always talking about the moral values of this country. Voting
allows you to have say in the policies and moral direction of your nation. voting allows you to truly enjoy all the benefits of "life, liberty and the pursuit of happiness", promised in the Constitution.

So, on this glorious anniversary, as we review the promises, and failures of this historic effort, to reinfranchise Black people into the American society. Let us ask ourselves, do we still need the VRA?
Has American society advanced to the point that Black people, no longer need special protection and/or consideration? Does Race still matter in America? Each of you must answer these questions for yourself. And regardless of which way you answer the questions, one thing is certain...you need to vote. Vote not only in local, state and national elections, but vote daily, by calling, emailing, and faxing your governmental representative. The vote is your birth right, as well as your duty. Do not believe the hype (republican vs. democrat, conservative vs. liberal). The vote is a powerful equalizer. It is the
hard won legacy of your ancestors, and the promise of your children's future.


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Jim Neusom is the executive director/publisher of InterServe Networks/City Lights Software, Inc.
http://www.citylightssoftware.com

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