[House Report 109-195]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-195
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EXPRESSING THE SENSE OF THE CONGRESS THAT, AS CONGRESS OBSERVES THE
40TH ANNIVERSARY OF THE VOTING RIGHTS ACT OF 1965 AND ENCOURAGES ALL
AMERICANS TO DO THE SAME, IT WILL ADVANCE THE LEGACY OF THE VOTING
RIGHTS ACT OF 1965 BY ENSURING THE CONTINUED EFFECTIVENESS OF THE ACT
TO PROTECT THE VOTING RIGHTS OF ALL AMERICANS
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July 27, 2005.--Referred to the House Calendar and ordered to be
printed
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Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H. Con. Res. 216]
The Committee on the Judiciary, to whom was referred the
concurrent resolution (H. Con. Res. 216) expressing the sense
of the Congress that, as Congress observes the 40th anniversary
of the Voting Rights Act of 1965 and encourages all Americans
to do the same, it will advance the legacy of the Voting Rights
Act of 1965 by ensuring the continued effectiveness of the Act
to protect the voting rights of all Americans, having
considered the same report favorably thereon without amendment
and recommend that the concurrent resolution be agreed to.
PURPOSE AND SUMMARY
The purpose of H. Con. Res. 216 is to express the sense of
Congress that, as Congress observes the 40th Anniversary of the
Voting Rights Act of 1965 and encourages all Americans to do
the same, it will advance the legacy of the Voting Rights Act
of 1965 by ensuring the continued effectiveness of the Act to
protect the voting rights of all Americans.
BACKGROUND AND NEED FOR THE LEGISLATION
On August 6, 1965, President Lyndon B. Johnson signed into
law one of the most significant pieces of civil rights
legislation in our Nation's history--the Voting Rights Act
(VRA).\1\ The VRA was enacted in response to widespread
discrimination experienced by African American voters and has
since become one of the most comprehensive and successful
pieces of legislation to pass Congress, retaining the support
of both Republicans and Democrats alike.
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\1\ See President Lyndon Johnson, Address to Congress (March 15,
1965).
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Over the last 40 years, the VRA has come to represent the
sacrifice and struggles of the civil rights movement. It has
been instrumental in restoring the meaning of equality under
the laws and ensuring that the rights provided by the
Constitution, including the right to vote, are afforded to all
Americans.
Prior to the passage of the VRA, African-Americans and
other minorities experienced barriers in their every attempt to
exercise their right to vote. Discrimination occurred through
both insidious and disingenuous means such as literacy tests,
complex ballots, and out of the way polling places. The impact
of these disenfranchisement efforts were devastating, severely
limiting the ability of African-Americans to participate in the
political process.\2\ The Civil Rights Acts of 1957 and 1960
were largely considered inadequate to addressing the barriers
to voting, thus fostering the need for more comprehensive
reform.\3\
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\2\ CRS Report for Congress, The Voting Rights Act of 1965, as
Amended: Its History and Current Issues, November 4, 2004 at 4.
\3\ Id. at 6.
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Since it's enactment the VRA has guaranteed the rights
afforded by the 15th Amendment to all Americans and has
hampered the ability of jurisdictions to continue past
discriminatory practices to continue past practices. The VRA
has been amended on four separate occasions in 1970, 1975,
1982, and 1992 each time addressing new faces of
discrimination. Certain provisions of the VRA of 1965 are set
to expire in 2007.
The VRA has been instrumental in increasing voter
registration among all minorities and relatedly has increased
the number of minorities elected to public office. It is widely
considered to be one of the most effective pieces of
legislation in our country's history. It has helped millions of
Americans realize the equality that our founders envisioned and
our Constitution enshrined. This concurrent resolution
recognizes this historic achievement.
HEARINGS
The Committee on the Judiciary held no hearings on H. Con.
Res. 216.
COMMITTEE CONSIDERATION
On July 27, 2005, the Committee met in open session and
ordered favorably reported the resolution H. Con. Res. 216
without an amendment by a by a voice vote, a quorum being
present.
VOTE OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the committee consideration of H.
Con. Res. 216.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
COMMITTEE COST ESTIMATE
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the Committee believes H. Con.
Res. 216 will have no cost for the current fiscal year 2005,
and that there will be no cost incurred in carrying out H. Con.
Res. 216 for the next five fiscal years.
PERFORMANCE GOALS AND OBJECTIVES
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
purpose of H. Con. Res. 216 is to express the sense of Congress
that, as Congress observes the 40th anniversary of the Voting
Rights Act of 1965 and encourages all Americans to do the same,
it will advance the legacy of the Voting Rights Act of 1965 by
ensuring the continued effectiveness of the Act to protect the
voting rights of all Americans.
CONSTITUTIONAL AUTHORITY STATEMENT
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives, does not apply as this is a concurrent
resolution.
SECTION-BY-SECTION ANALYSIS AND DISCUSSION
The following discussion describes the bill as reported by
the Committee.
The first preambular clause provides that Americans, both
known and unknown, risked their lives to stand up against
racial discrimination and to seek political equality.
The second preambular clause provides that Americans
sacrificed a great deal including their lives to ensure that
guarantees provided by the 14th and 15th Amendments were
applicable to all citizens.
The third preambular clause provides that on Sunday, March
7, 1965, known as ``bloody Sunday,'' there was a clarion call
to the Nation to fulfill its promise.
The fourth preambular clause provides after Bloody Sunday,
President Lyndon B. Johnson called for a comprehensive and
effective voting rights bill as a necessary response by
Congress and the President to the interference and violence, in
violation of the 14th and 15th amendments, encountered by
African American citizens when attempting to protect and
exercise the right to vote.
The fifth preambular clause provides that on August 6,
1965, President Lyndon B. Johnson signed this landmark
legislation into law.
The sixth preambular clause provides that the Voting Rights
Act of 1965 stands as a tribute to the heroism of countless
Americans, serves as one of the most important civil rights
victories, and has empowered all Americans to participate in
the political process.
The seventh preambular clause provides that the Voting
Rights Act of 1965 reinforces the guarantees of the 15th
Amendment.
The eighth preambular clause provides that the Voting
Rights Act of 1965 was amended in 1975 to include language
minority citizens and again in 1982 to protect voters with
disabilities.
The ninth preambular clause provides that the Voting Rights
Act of 1965 has helped advance democracy in America by
encouraging all citizens to participate in the political
process and by providing them with the opportunity to elect
representatives on the Federal, State, and local level.
The tenth preambular clause provides that the Voting Rights
Act of 1965 has been instrumental in increasing voter
registration among racial, ethnic, and language minorities and
has enhanced the ability of those to participate in the
political process, which is reflected in the 81 African
American, Latino, Asian, and Native American Members of
Congress and thousands of minority State and local officials.
The eleventh preambular clause provides that obstacles
still remain, hence the continued importance of the Voting
Rights Act of 1965.
The twelfth preambular clause provides that the Voting
Rights Act of 1965 provides extensive voter protections
including those found in Section 2, Section 201, Section 5,
Sections 6-9, and Section 203.
The thirteenth preambular clause provides that certain
provisions of the Voting Rights Act of 1965 will expire in
2007, unless reauthorized by Congress.
The fourteenth preambular clause provides that our
democracy at home and efforts to promote democracy abroad are
contingent on the complete effectiveness of the Voting Rights
Act of 1965.
The fifteenth preambular clause provides that 2005 marks
the 40th anniversary of the Voting Rights Act of 1965 and its
substantial achievement in protecting the right to vote, but
continued efforts must be made to protect the rights of all
Americans.
The sixteenth preambular clause provides that the Voting
Rights Act of 1965 has been hailed as the most successful civil
rights achievement.
The resolved clause provides that it is the sense of
Congress that it:
(1) observe and celebrate the 40th Anniversary of the
enactment of the Voting Rights Act of 1965;
(2) pledge to advance the legacy of the Voting Rights Act
of 1965 to ensure its continued effectiveness in protecting the
voting rights of all Americans;
(3) encourage all Americans to celebrate the 40th
Anniversary of the Voting Rights Act of 1965.
CHANGES IN EXISTING LAW BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes H. Con. Res.
216 makes no changes to existing law.