Tuesday, November 19, 2019
Voting Rights Act Essay Example | Topics and Well Written Essays - 1000 words
Voting Rights Act - Essay Example Section 2 allows individuals, non-governmental organizations and the attorney general to file civil actions in order to seek injunctions, preventive, and permanent relief from the sectionââ¬â¢s violation. Having noted that, many will agree that the section was destined to achieve greater heights in voter right protection than it is currently. However due to its broad text, section 2 has failed to address comprehensively the problem of discrimination in the states which have a History of discrimination, leave alone providing a lasting solution. Section 2 of the Voter Rights Act is more reactive than being proactive in the essence that often the damage has already been done to a group of voters by a state that cannot be remedied after a voting ââ¬ârelated deadline, or an election has passed. Moreover the cost and expediency of voter rights Act enforcement under section 2 has proved to be a nightmare for the plaintiffsââ¬â¢ who cannot afford the resources required to litigate fact-intensive cases. Though this has since been resolved through the partly involvement of the department of justice to essentially assume plaintiffsââ¬â¢ costs for section 2 suits by either initiating the action itself or intervening in support of the plaintiff, itââ¬â¢s still a course for concern for the cost effectiveness availed by the section. Itââ¬â¢s well known that section 2 vote dilution standards are fairly well developed in the courts. In the sectionââ¬â¢s vote dilution cases, plaintiffs are usually required to first pass the Gingles test-from the case Thornburg v. Gingles- then an effect test. This is intended to prove that the plaintiffââ¬â¢s vote has been diluted based on the current voting district boundaries by proving that had the boundaries been drawn differently, the minority population would have the voting power to elect a candidate of its choice. However as earlier noted, this seems to be more of reactive than
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.