On August 27, 2008, the Democratic Party became the first major party to nominate a black presidential candidate. August 27, 2008 was also the 100th anniversary of Lyndon Johnson’s birth. As Robert A. Caro’s op-ed in the New York Times of August 28 says, Barack Obama’s nomination would not have been possible without Lyndon Johnson, who pushed Congress to create the Voting Rights Act of 1965. Caro says, “As I watch Barack Obama’s speech to the Democratic convention tonight, I will be remembering another speech…That speech was President Lyndon Johnson’s address to Congress in 1965 announcing that he was about to have introduced a voting rights act, and in some respects Mr. Obama’s candidacy is the climax – at least thus far – of a movement based not only on the sacrifices and heroism of the Rev. Dr. King and generations of black fighters for civil rights but also on the political genius of Lyndon Johnson.”
The Voting Rights Act of 1965 made it possible for tens of millions of Americans to register and vote. Yes, it trampled on states’ rights; it told certain states that they could not change any election laws relating to voting and candidacy, unless the U.S. Justice Department approved those changes. But the actions of state legislatures in the deep South, constantly thinking up new barriers to voter registration as soon as old laws had been struck down, left little choice, other than a constitutional amendment federalizing election administration. The greatest achievement toward free elections taken by Congress in the 20th century (short of passing certain constitutional amendments) was passing the Voting Rights Act of 1965.
Unfortunately, the U.S. Justice Department has consistently interpreted the Voting Rights Act to not apply to state laws that disenfranchise minor party and independent voters. Congress needs to pass a new Voting Rights Act.
IMHO, since we do not have federal elections (the people vote for congress directly, president thru state-level electors), the FEC and all of these convoluted federal acts need to be abolished anyway. The 15th and 19th amendments already protect voting rights based on race and sex.
Ironic since the party of LBJ did everything it could to suppress voter turnout of people based on the color of their skin. Are people aware that nearly all former slaves voted Republican in the late 1800’s? I am not from the Republican Party, but by percentage, a larger number voted for the Civil Rights Act of 1964 than Democrats.
We need to pass Ron Paul’s HR 3600, which sets a ceiling on the number of signatures the states can require for independent candidates (and the candidates of unqualified parties) for Congress. HR 3600 is the new Voting Rights Act we need. Unfortunately no one knows about the bill.
Doremus Jessup: The “convoluted federal acts” to which you refer are necessary in order to enforce the rights that have been granted to people. In the case of the 15th amendment, it became abundantly clear over the course of the 20th century that southern states had no interest in enforcing it. I’m sure you’re aware of the second part of that amendment (“Section 2. The Congress shall have power to enforce this article by appropriate legislation.”), so I’m sure you’re equally aware that, according to the Constitution as amended, the Voting Rights Act of 1965 was not only constitutionally permissible, but required, given the massive failure of people allegedly protected by the 15th amendment to be able to exercise that right.
As far as your first point goes, that is exactly the reason why non-major party presidential candidates have to jump through this nonsensical patchwork quilt of 51 different ballot access laws. For example, what is the rational explanation for New Jersey to require a few hundred signatures for a presidential candidate, while right over the border in Pennsylvania, the same candidate for the same office in the same election has to collect tens of thousands, and then worry about going bankrupt and losing his home if his petitions are challenged?
I don’t think anyone cares what states do regarding state assembly elections and so forth, but the days of presidential candidates having to navigate 51 levels of craziness for the same election should pass into history. Speaking of amendments, I don’t see why the equal protection clause of the 14th amendment plus that amendment’s enforcement article don’t apply here.
Yesterday was also Richard Winger’s **th birthday. Belated best wishes, Richard!
And now… we anxiously await tonight’s words of enlightenment from the Messiah…
Happy Birthday Richard!!!!!!!!!! May this year bring you much joy, happiness and prosperity.
Much more important, it’s Charlie Parker’s 88th birthday. Long live Bird!
Happy Birthday Richard. We appreciate your expertise and effective efforts in keeping us informed on ballot access and in helping open the ballot to independent and alternative parties, and ultimately to the American people.
Happy Birthday Richard. I hope that you are your current ‘significant other’ found the time to do something special.
Part of the problem, not to beat a dead horse, is that non-major party citizens have been very slow to organize themselves into a class based interest group like the NRA or the AARP.
Since the 1980s a fairly decent ballot access reform bill has been perodically introduced, by Democrats and Republicans, but how many of the minor parties have pushed their members to support it and ask their elected officials to support it?
Look at the recent groups such as Why Tuesday and Rock The Debates. Both are dealing with election law reform issues in a creative way and trying to build a broad based coalition behind changing some laws.
The Bird is still resting under the sod in KCMO!