law of democracy midterm

shelby county v holder (2013)

• invalidated Section 4 of VRA: formula to determine which jurisdictions were required to seek federal approval before changing voting laws

• therefore invalidated Section 5

minor v happersett (1875)

• ruled that the right to vote was not guaranteed by 14th Amdt

• states retained the authority to determine voter eligibility, ultimately denying women's suffrage

richardson v ramirez (1974)

• states can constitutionally disenfranchise felons

• 14th Amdt does not protect felons from losing voting rights after conviction

3 themes of class

• what does it mean to vote

• the rules of the game dictate the outcome of the game

• role of the courts

14th Amendment (1868)

• equal protection under the law

• due process

• defines citizenship

15th Amendment

• states cannot deny individuals the right to vote based on race

• granted Black men right to vote

• largely motivated by Black participation in Civil War

Voting Rights Act (1965)

• meant to prohibit racial discrimination in voting

• aimed largely to address Black disenfranchisement in South after Reconstruction (14th and 15th Amdts did not have desired effect)

methods of voter suppression historically

• literacy tests

• poll taxes

• voter ID laws

• gerrymandering

• purging voter rolls

electoral college

• established by the Constitution

  • colonies had to get all states to agree on the Constitution

• based on # reps in Congress

• electors can cast votes 100% for state winner, proportionally, or against state preferences

problems with electoral college

• leads to different proportional representation (votes in some states are worth more than in other states)

  • stems from 3/5 Compromise and Southern voter suppression

• overrepresented states today are largely white and Republican

national popular vote interstate compact

• agreement among agreeing states to allocate votes to winner of the national popular vote

  • would ensure that candidate with the most votes nationwide is elected

• only way to change process of EC without an Amdt

why is democratic change usually brought about because of war?

• brings people together

• mobilizes social movements

• changes norms