Congressional Power: Voting Laws And Amendments

Congress has the power to change voting laws, and has done so in the past. For example, in 2006, Congress amended the Voting Rights Act of 1965 to overturn two Supreme Court cases: Reno v. Bossier Parish School Board (2000) and Georgia v. Ashcroft (2003). Congress can also stop state voting restrictions, such as those proposed by Georgia legislators, by passing legislation like the For the People Act and the John Lewis Voting Rights Advancement Act. However, Congress has also been criticised for passing legislation that could restrict the vote for millions of eligible American citizens.

Congress can stop state voting restrictions

Congress has the power to stop state voting restrictions. It has the legal and constitutional power to do so, but it needs the political will. In the past, Congress has responded to discriminatory voting practices by expanding Section 2 to explicitly ban any voting practice that had a discriminatory effect, regardless of whether the practice was enacted or operated for a discriminatory purpose. This "results test" shifted the majority of vote dilution litigation brought under the Act from preclearance lawsuits to Section 2 lawsuits.

In 2006, Congress amended the Act to overturn two Supreme Court cases: Reno v. Bossier Parish School Board (2000), which interpreted the Section 5 preclearance requirement to prohibit only voting changes that were enacted or maintained for a "retrogressive" discriminatory purpose instead of any discriminatory purpose, and Georgia v. Ashcroft (2003), which established a broader test for determining whether a redistricting plan had an impermissible effect under Section 5 than assessing only whether a minority group could elect its preferred candidates.

More recently, Congress has passed the For the People Act, the most significant democracy reform legislation in at least half a century. President Biden has also announced his support for the John Lewis Voting Rights Advancement Act, which would strengthen the Voting Rights Act after it was weakened by the Supreme Court in 2013.

However, Congress is also currently considering legislation that could restrict the vote for millions of eligible American citizens. This would be the worst voting bill to be passed by Congress in memory, probably ever. It would restrict millions of eligible citizens from registering.

Congress can restrict the vote for millions of eligible American citizens

Congress has the power to stop state voting restrictions. In 2021, the House passed H.R. 1, the For the People Act, the most significant democracy reform legislation in at least half a century. President Biden has already announced his support for the For the People Act, which would strengthen the Voting Rights Act after it was weakened by the Supreme Court in 2013.

Congress has also amended the Voting Rights Act to overturn two Supreme Court cases: Reno v. Bossier Parish School Board (2000) and Georgia v. Ashcroft (2003). In the Reno case, the Court interpreted the Section 5 preclearance requirement to prohibit only voting changes that were enacted or maintained for a "retrogressive" discriminatory purpose instead of any discriminatory purpose. The Georgia case established a broader test for determining whether a redistricting plan had an impermissible effect under Section 5 than assessing only whether a minority group could elect its preferred candidates.

Congress can also expand Section 2 to explicitly ban any voting practice that has a discriminatory effect, regardless of whether the practice was enacted or operated for a discriminatory purpose.

Congress can ban discriminatory voting practices

In 2006, Congress amended the Voting Rights Act to explicitly ban any voting practice with a discriminatory effect, regardless of whether the practice was enacted or operated for a discriminatory purpose. This "results test" shifted the majority of vote dilution litigation brought under the Act from preclearance lawsuits to Section 2 lawsuits.

Congress has the legal and constitutional power to stop discriminatory voting practices. However, it needs the political will to do so.

Congress can overturn Supreme Court cases

Congress can stop state voting restrictions and has the legal and constitutional power to do so. In 2006, Congress amended the Voting Rights Act to overturn two Supreme Court cases: Reno v. Bossier Parish School Board (2000) and Georgia v. Ashcroft (2003).

However, Congress cannot directly overturn a federal court decision because of the separation of powers and the system of checks and balances established by the Constitution. Federal courts, including the Supreme Court, have the authority to interpret the law and the Constitution. Once a court has made a ruling, Congress cannot simply reverse that decision.

Congress can respond to court decisions by passing new legislation or amending existing laws. Congress can also propose amendments to the Constitution to address judicial interpretations. This requires a rigorous approval process involving both houses of Congress and ratification by the states.

If the Supreme Court's ruling is just interpreting a federal statute as opposed to the Constitution itself, then Congress can simply enact a new or revised statute correcting the Supreme Court. This involves Congress enacting statutes that extend constitutional principles through one of its enumerated powers.

Congress can pass the For the People Act

Congress can pass laws that affect voting rights, and has done so in the past. For example, in 2006, Congress amended the Voting Rights Act to overturn two Supreme Court cases: Reno v. Bossier Parish School Board (2000) and Georgia v. Ashcroft (2003).

The For the People Act is particularly important because it would strengthen the Voting Rights Act, which was weakened by the Supreme Court in 2013. The Act would also help to combat efforts by Republican state legislators to restrict the right to vote, such as the bill recently passed in Georgia.

However, there are potential obstacles to the passage of the For the People Act. One such obstacle is the filibuster, which requires 60 out of 100 U.S. Senators to allow an up-or-down vote on most legislation. This could delay or block the passage of the Act, even if it has majority support.

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