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.
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