How the Voting Rights Act Works:

Implementation of a Civil Rights Policy, 1965-2005

Author: Payton McCrary
Published: 57 S.C. L. Rev. 785 (2006)
      The Voting Rights Act, initially adopted in 1965 and extended in 1970, 1975, and 1982, is considered one of the most successful pieces of civil rights legislation ever adopted by the United States Congress. But few policies are self-effectuating. Federal court decisions, congressional oversight, and periodic revision shaped the implementation of the Act. The words of the statute and the evolution of voting rights case law guided the Civil Rights Division of the Department of Justice, the federal agency charged with enforcing key provisions of the Act. This Article explains how the Voting Rights Act has worked in the four decades since its adoption in 1965, assesses its impact on minority voting and representation in the South, and explains the process of implementation responsible for the Act’s success.

      This Article concludes the enormous increase in minority electoral participation and representation in the South since 1965 is directly attributable to the effective implementation of the Voting Rights Act. Its success stems from the power given to the courts and the Department of Justice to conduct searching inquiries into the relationship between race and voter choice at the local and state level, and to assure through legally enforceable decisions that minority voters compete with the majority on a level playing field.