Expert: John Fuller - 11/18/2008

Question
QUESTION: Is it the Voting Rights Act of 1965 that gave Blacks the right to vote in the US?  If so, why is their right to vote not permanent?  Why does this act have to be re-voted on whenever this act expires?  Why is their right to vote not permanent?  Can you please explain this to me?

ANSWER: Hi Nikki,

The Voting Rights Act is a permanent federal law and does not expire. Moreover, the equal right to vote regardless of race or color is protected by the Fifteenth Amendment to the U.S. Constitution, which has been part of our law since the end of the Civil War. And in case after case, our courts have held that the right to vote is fundamental. Voting rights will not and do not ever expire.

However, some sections of the Voting Rights Act needed to be renewed to remain in effect. When Congress amended and strengthened the Voting Rights Act in 1982, it extended the preclearance requirement of Section 5, the authority to use federal observers, and some of the statute's language minority requirements. In 2006, Congress passed the Fannie Lou Hamer, Rosa Parks and Coretta Scott King Voting Rights and Reauthorization and Amendments Act of 2006 which renews nearly all of the temporary provisions of the Voting Rights Act. The rest of the Voting Rights Act also will continue to prohibit discrimination in voting.

So the permanent Federal law remains but as with most Federal laws, certain aspects of those laws are either renewed, added or eliminated depending on the circumstances.   

If you have any follow up question, please feel free to ask.  

John


---------- FOLLOW-UP ----------

QUESTION: So when I hear in the news that the voting rights act passes or is up for renewal, they are not renewing the right for Blacks to vote?  They are renewing other aspects of the law?

Answer
Nikki,

That is correct.  The law is permanent for all people in the United States.  Anything that is added to it or provisions that need to be renewed for various reasons is separate from the actual permanent law.  When they say the Voting Rights Act is renewed or passes, etc., they are actually just referring to the portions that can be changed and the rights of all in the USA to vote cannot ever be changed.  

John