GOV CH 6-3 SUFFRAGE AND CIVIL RIGHTS

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Multiple Choice
Identify the choice that best completes the statement or answers the question.

The Fifteenth Amendment

The effort to extend the franchise to African Americans began with the 15th Amendment, which was ratified in 1870. It declares that the right to vote cannot be denied to any citizen of the United States because of race, color, or previous condition of servitude. The amendment was plainly intended to ensure that African American men, nearly all of them former slaves and nearly all of them living in the South, could vote.

The 15th Amendment is not self-executing, however. In other words, simply stating a general principle without providing for a means to enforce implementation was not enough to carry out the intention of the amendment. To make it effective, Congress had to act. Yet for almost 90 years the Federal Government paid little attention to voting rights for African Americans.

During that period, African Americans were generally and systematically kept from the polls in much of the South. White supremacists employed a number of tactics to that end. Their major weapon was violence. Other tactics included more subtle threats and social pressures, such as firing an African American man who tried to register or vote, or denying his family credit at local stores.

More formal “legal” devices were used, as well. The most effective were literacy tests. White officials regularly manipulated these tests to disenfranchise African American citizens.

Registration laws served the same end. As written, they applied to all potential voters. In practice, however, they were often administered to keep African Americans from qualifying to vote. Poll taxes, “white primaries,” gerrymandering, and several other devices were also regularly used to disenfranchise African Americans. Gerrymandering is the practice of drawing electoral district lines (the boundaries of the geographic area from which a candidate is elected to a public office) in order to limit the voting strength of a particular group or party.

Which amendment says that you cannot deny a person the right to vote because of their race, color or previous condition of servitude

a.	13th	c.	15th
b.	14th	d.	20th

What does it mean when a law, such as the 15th amendment, is not self-executing?

a.	the law is strong enough to stand on its own	c.	you cannot be executed for disobeying the law
b.	it is up to the executive branch of government to circumvent the law	d.	the law needs additional laws so it can be enforced

The white primary arose out of the decades-long Democratic domination of politics in the South. It was almost a given that the Democratic candidate for an office would be elected. Therefore, almost always, it was only the Democrats who nominated candidates, generally in primaries. In several southern States, political parties were defined by law as “private associations.” As such, they could exclude whomever they chose, and the Democrats regularly refused to admit African Americans. Because only party members could vote in the party’s primary, African Americans were then excluded from a critical step in the public election process

The Supreme Court finally outlawed the white primary in a case from Texas, Smith v. Allwright, 1944. The Court held that nominations are an integral part of the election process. Consequently, when a political party holds a primary it is performing a public function and it is, therefore, bound by the terms of the 15th Amendment.

The Supreme Court outlawed gerrymandering when used for purposes of racial discrimination in a case from Alabama, Gomillion v. Lightfoot, in 1960. In this case, the Alabama legislature had redrawn the electoral district boundaries of Tuskegee, effectively excluding all blacks from the city limits. The Court ruled that the legislature’s act violated the 15th Amendment because the irregularly shaped district clearly was created to deprive blacks of political power

Led by these decisions of the Supreme Court, the lower federal courts struck down many of the practices designed to disenfranchise African Americans in the 1940s and 1950s. Still, the courts could act only when those who claimed to be victims of discrimination sued. That case-by-case method was, at best, agonizingly slow.

Finally, and largely in response to the civil rights movement led by Dr. Martin Luther King, Jr., Congress was moved to act. It has passed several civil rights laws since the late 1950s. Those statutes contain a number of sections specifically intended to implement the 15th Amendment.

What was a “white primary?”

a.	whatever Democrat person won the primary election was automatically elected to the office	c.	only white people could vote in primary elections
b.	white people could run in the primary but not in the general election	d.	white people could not run in the primary elections

What Supreme Court case outlawed the white primary?

a.	Gomillion v. Lightfoot, in 1960	c.	Brown v. Board of Education, 1954
b.	Smith v. Allwright, 1944	d.	Plessy v. Ferguson, 1898

What Supreme Court case outlawed gerrymandering for the purpose of excluding black people from voting?

a.	Gomillion v. Lightfoot, in 196	c.	Brown v. Board of Education, 1954
b.	Smith v. Allwright, 1944	d.	Plessy v. Ferguson, 1898

Early Civil Rights Legislation

The first law passed by Congress to implement the 15th Amendment was the Civil Rights Act of 1957, which set up the United States Civil Rights Commission. One of the Commission’s major duties is to inquire into claims of voter discrimination. The Commission reports its findings to Congress and the President and, through the media, to the public. The Act also gave the attorney general the power to seek federal court orders to prevent interference with any person’s right to vote in any federal election
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The Civil Rights Act of 1960 added an additional safeguard. It provided for the appointment of federal voting referees. These officers were to serve anywhere a federal court found voter discrimination. They were given the power to help qualified persons to register and vote in federal elections.

What is the purpose of the United States Civil Rights Commission?

a.	to investigate anti-free speech activities	c.	to investigate activities that infringe on the voting rights of citizens
b.	to promote the Bill of Rights in the minority community	d.	to help African American students to seek college educations

The Civil Rights Act of 1964

The Civil Rights Act of 1964 is much broader and much more effective than either of the two earlier measures. It outlaws discrimination in several areas, especially in job-related matters. With regard to voting rights, its most important section forbids the use of any voter registration or literacy requirement in an unfair or discriminatory manner.

The 1964 law continued a pattern set in the earlier laws. In major part, it relied on judicial action to overcome racial barriers and emphasized the use of federal court orders called injunctions. An injunction is a court order that either compels (forces) or restrains (limits) the performance of some act by a private individual or by a public official. The violation of an injunction amounts to contempt of court, a crime punishable by fine and/or imprisonment.

Dramatic events in Selma, Alabama, soon pointed up the shortcomings of this approach. Dr. King mounted a voter registration drive in that city in early 1965. He and his supporters hoped that they could focus national attention on the issue of African American voting rights—and they most certainly did.

Their registration efforts were met with insults and violence by local white civilians, by city and county police, and then by State troopers. Two civil rights workers were murdered, and many were beaten when they attempted a peaceful march to the State capitol. The nation saw much of the drama on television and was shocked. An outraged President Lyndon Johnson urged Congress to pass new and stronger legislation to ensure the voting rights of African Americans. Congress responded quickly.

What was the major tool that the Civil Rights Act of 1964 used to fight racial discrimination?

a.	court injunctions	c.	Education
b.	Affirmative Action	d.	congressional action

Why is a court injunction such a powerful tool in fighting racial discrimination?

a.	Violating an injunction can result in jail and heavy fines	c.	It is issued by the president and can bring out the military to enforce it
b.	It provides lawyers to minorities accused of major crimes	d.	It is issued by the Congress and can result in new laws against discrimination

What did President Johnson do in response to the violence against Dr. King civil rights marchers at Selma Alabama?

a.	He sent the marines in to occupy the town of Selma Alabama	c.	He used the event to get congress to pass new laws against racial discrimination
b.	He made large amounts of federal money available to Dr. Kings organization	d.	He did nothing

The Voting Rights Act of 1965

The Voting Rights Act of 1965 made the 15th Amendment, at long last, a truly effective part of the Constitution. Unlike its predecessors, this act applied to all elections held anywhere in this country—State and local, as well as federal.

Originally, the Voting Rights Act was to be in effect for a period of five years. Congress has extended its life three times, in the Voting Rights Act Amendments of 1970, 1975, and most recently 1982. The present version of the law was made effective for 25 years; its provisions are scheduled to expire in 2007

The 1965 law directed the attorney general to challenge the constitutionality of the remaining State poll-tax laws in the federal courts. That provision led directly to Harper v. Virginia Board of Elections, in 1966 (see page 157).

The law also suspended the use of any literacy test or similar device in any State or county where less than half of the electorate had been registered or had voted in the 1964 presidential election. The law authorized the attorney general to appoint voting examiners to serve in any of those States or counties. It also gave these federal officers the power to register voters and otherwise oversee the conduct of elections in those areas.

10.

What was the main effect of the Voting Rights Act of 1965?

a.	It allowed women to vote in national elections	c.	It created anger in the African American community because it did not go far enough
b.	It made the 15th Amendment apply to all elections in the United States, not just federal elections	d.	It slowed down African American participation in the election process

Preclearance

The Voting Rights Act of 1965 created a further restriction on those States where a majority of the electorate had not voted in 1964. The act declared that no new election laws, and no changes in existing election laws, could go into effect in any of those States unless first approved—given preclearance—the Department of Justice. Only those new or revised laws that do not “dilute” (weaken) the voting rights of minority groups can survive the preclearance process.

The preclearance hurdle has produced a large number of court cases since the passage of the law. Those cases show that the laws most likely to run afoul of the preclearance requirement are those that make these kinds of changes:

(1) the location of polling places;
(2) the boundaries of election districts;
(3) deadlines in the election process;
(4) from ward or district election to at-large elections;
(5) the qualifications candidates must meet in order to run for office.

Any State or county subject to the voter-examiner and preclearance provisions can be removed from the law’s coverage through a “bail-out” process. That relief can come if the State can show the United States District Court in the District of Columbia that it has not applied any voting procedures in a discriminatory way for at least 10 years.

The voter-examiner and preclearance provisions of the 1965 Voting Rights Act originally applied to six entire States: Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Virginia. The act also applied to 40 North Carolina counties.

The Supreme Court upheld the Voting Rights Act in 1966. In South Carolina v. Katzenbach, a unanimous Court found the law to be a proper exercise of the power granted to Congress in Section 2 of the 15th Amendment. That provision authorizes the National Legislature to effectuate by “appropriate” measures constitutional prohibition against racial discrimination in voting.

11.

Another result of the Voting Rights Act of 1965 was preclearance. What was preclearance?

a.	certain states could not pass any new election laws that lowered minority participation without Justice Department approval	c.	the Justice Department would write all new election laws for a period of 30 years.
b.	certain Souther States could no longer pass any election laws unless half the people elected were minorities.	d.	no new election laws could be passed by any Southern States because of past abuses

12.

What did the Supreme Court finally do in regards to the Voting Rights Act of 1965?

a.	It modified and softened the law in the South Carolina v. Katzenbach case	c.	It struck down the law in the South Carolina v. Katzenbach case
b.	It refused to hear the case	d.	It upheld the law in the South Carolina v. Katzenbach case

Amendments to the Act

The 1970 amendments extended the law for another five years. The 1968 elections were added to the law’s triggering formula; the result was that a number of counties in six more States (Alaska, Arizona, California, Idaho, New Mexico, and Oregon) were added to the law’s coverage.

The 1970 law also provided that, for five years, no State could use literacy as the basis for any voting requirement. That temporary ban as well as residence provisions outlined in the law were upheld by the Supreme Court in Oregon v. Mitchell in 1970.

In 1975, the law was extended again, this time for seven years, and the five-year ban on literacy tests was made permanent. Since 1975, no State has been able to apply any sort of literacy qualification to any aspect of the election process.

The law’s voter-examiner and preclearance provisions were also broadened in 1975. Since then they have also covered any State or county where more than 5 percent of the voting-age population belongs to certain “language minorities.” These groups are defined to include all persons of Spanish heritage, Native Americans, Asian Americans, and Alaskan Natives

13.

Since its passage amendments to the Voting Rights Act have

a.	slowly weakened the law	c.	changed the law so that it no longer protects minorities in elections
b.	extended the law and made it stronger	d.	allowed the law to be used against minorities

I Have a Dream This famous speech, delivered by civil rights leader Martin Luther King, Jr., was a highlight of the 1963 March on Washington, which drew more than 200,000 people. H-SS 12.5.4

This addition expanded the law’s coverage to all of Alaska and Texas and to several counties in 24 other States, as well. In these areas, all ballots and other official election materials must be printed both in English and in the language of the minority, or minorities, involved.

The 1982 amendments extended the basic features of the act for another 25 years. In 1992 the law’s language-minority provisions were revised: they now apply to any community that has a minority-language population of 10,000 or more persons.

Over the years, several States and a handful of counties in a few other States have been removed from the law’s coverage, through the “bail-out” process. Today, eight entire States remain subject to the Voting Rights Act: Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, and Texas. At least some counties in nine other states are also covered by the statue: California, Florida, Michigan, New Hampshire, New York, North Carolina, South Dakota, and Virginia

14.

How has the Voting Rights Act been used to help Hispanic citizens?

a.	It has provided increased social services to the Latino community	c.	It requires ballots be printed in Spanish and English
b.	It has nothing to do with the Latino community	d.	It requires that anyone of Hispanic heritage be permitted to vote in local elections

Multiple Response
Identify one or more choices that best complete the statement or answer the question.

Section 3 Suffrage and Civil Rights

The 15th Amendment, ratified in 1870, declared that the right to vote cannot be denied to a citizen because of race.

Southern States used a variety of devices to circumvent the 15th Amendment and deny African Americans the vote. These tactics included literacy tests, white primaries, and gerrymandering. Congress finally took action to protect minority voting rights in the Civil Rights Acts of 1957, 1960, and 1964.
The Voting Rights Act of 1965 and its later amendments finally ensured African American suffrage.

Objectives

Describe the 15th Amendment and the tactics used to circumvent it in an effort to deny African Americans the vote.

Explain the significance of the early civil rights legislation passed in 1957, 1960, and 1964.

Analyze the provisions and effects of the Voting Rights Act of 1965.

Why It Matters

The 15th Amendment declared that the right to vote cannot be denied on account of race. Nevertheless, a variety of tactics were used in southern States to disenfranchise African Americans. The Supreme Court struck down a number of these efforts, and, beginning in the 1950s, Congress passed laws to protect minority voting rights.

Political Dictionary

gerrymandering
The drawing of electoral district lines to the advantage of a party or group

injunction
A court order that forces or limits the performance of some act by a private individual or by a public official

preclearance
Mandated by the Voting Rights Act of 1965, the prior approval by the Justice Department of changes to or new election laws by certain States

How important is the right to vote? For those who do not have it, that right can seem as important as life itself. Indeed, in the Deep South of the 1960s, civil rights workers suffered arrest, beatings, shocks with electric cattle prods, even death—all in the name of the right to vote. Their efforts inspired the nation and led to large-scale federal efforts to secure suffrage for African Americans and other minority groups in the United States.

15.

What are the objectives of this lesson? (check all that apply)

a.	the education of African Americans in the South	c.	the Voting Rights Act of 1965
b.	the importance of early civil rights legislation	d.	the 15th Amendment and attempts to get around its requirements

16.

What were some of the procedures that the South used to keep African Americans from voting in spite of the 15th amendment? (check all that apply)

a.	poll taxes	c.	white primaries
b.	literacy tests	d.	gerrymandering

17.

Which two discriminatory practices did the Voting Rights Act of 1965 finally end? (pick 2)

a.	poll watching	c.	literacy tests
b.	poll tax	d.	voter id laws

Matching

a.	gerrymandering	c.	preclearance
b.	injunction

18.

a court order that is used to halt some action by the government

19.

some states with a poor civil rights record have to get this before taking any action on voting requirements

20.

when a state draws voting district boundaries in such a way as to give one political party an advantage