Civil Rights Statutes

This course examines the nature and scope of the most effective federal civil rights statute ever enacted: the Voting Rights Act of 1965. We will make sense of this iconic statute as both a historical artifact as well as legal tool. That is, we will situate the Act within its historical milieu, consider its purposes, and evaluate its effectiveness. We will also consider why the Act is dying.

Two overarching inquiries will anchor our discussion. First, as a structural question: what role do the federal courts and the political branches play in defining the meaning and extent of political rights? In thinking about this question, it is important to note that debates over the constitutionalization of political rights came into being during moments of Reconstruction, times when the country was trying to figure out what it meant to be free. This observation leads to a second question: what role have social movements played in this narrative? This is an important if ironic question. This course will help you think about some very interesting answers. And third: what role do race and racism play in the rise and fall of the Voting Rights Act? The answer to this question might surprise you.