Abstract

http://ssrn.com/abstract=2121509
 


 



Interactive Pre-Clearance Development


Kareem U. Crayton


University of North Carolina (UNC) at Chapel Hill - School of Law

April 1, 2008

St. Louis University Public Law Review, Vol. 27, No. 2, 2008

Abstract:     
The Voting Rights Act was enacted to guarantee constitutional rights to racial equality under the Fifteenth Amendment. Under Section Five of the Voting Rights Act, certain state and local governments must seek federal “pre-clearance” before altering any rules pertaining to elections. This is contrary to the traditional balance of state and federal power. Today, the “pre-clearance” requirement is an important and controversial part of the Voting Rights Act and has been the source of most voting rights litigation. The article indicates that the Supreme Court would soon address the constitutionality of the “re-clearance” provision.

The article addresses principal criticism of pre-clearance and argues that its transformation over the span of forty years was not unintentional in any sense and that only certain aspects of the regime have expanded in scope. The evolution of the pre-clearance regime can be attributed to the interactive work of Congress and the judiciary. It is largely the result of this interaction that certain aspects of the regime have broadened while others have not.

Number of Pages in PDF File: 24

Keywords: Voting Rights Act

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Date posted: August 2, 2012  

Suggested Citation

Crayton, Kareem U., Interactive Pre-Clearance Development (April 1, 2008). St. Louis University Public Law Review, Vol. 27, No. 2, 2008. Available at SSRN: http://ssrn.com/abstract=2121509

Contact Information

Kareem U. Crayton (Contact Author)
University of North Carolina (UNC) at Chapel Hill - School of Law ( email )
Van Hecke-Wettach Hall 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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