Enfranchising Native Americans after Shelby County v. Holder: Congress's Duty to Act
National Lawyers Guild Review, Vol 70, 193
36 Pages Posted: 27 Jun 2014
Date Written: December 2013
This article offers a critical review of the Supreme Court's decision in Shelby County v. Holder, and the applicability of that decision to Indian Country. First, I give a background and context for the Voting Rights Act (VRA), and then delve into a brief outline of historic and present day tribal-state relations. Next, I analyze the Supreme Court's decision in Shelby County. I then make an Indian-specific application of the legal test employed in Shelby County. I conclude by arguing that Section 5 of the VRA is both an appropriate and necessary measure to prevent ongoing voting discrimination targeting Native American citizens. Indeed, Congress not only has the power to compel pre-approval of state voting legislation that is applicable to Indian Country, but, I argue, it has an obligation to do so.
Keywords: voting rights, law, Indian law
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