US Judiciary - Voting Rights

3 Developments That Disproportionately Affect Black Voters:
  1. Nine states have introduced photo ID requirement for all voters in the run up to the 2016 elections. These states included six states such as Texas, Tennessee and Virginia which all has a high proportion of black voters
  2. 6 million Americans have lost their right to vote because of criminal convictions with what is known as “felony disenfranchisement.” 1 in 13 of young African-Americans have lost their right to vote due to this. This is almost 4 times higher than any other Americans.
  3. Felony disenfranchisement has risen sharply since 1980. 8 states had 10% of black voters which was affected by this.
How Representative is Congress In Terms of Minority Representation:
The Presidency:
  • Shirley Chisholm became the first majority party African-American candidate for the POTUS when she competed in that year’s Democrat primaries winning 152 delegates.
  • However it was Obama in 2008 who was the first serious candidate. He not only won the primaries but he won the Presidency as well as getting re-elected.
  • But there are still few members of racial minorities in the usual pools of recruitment. Only one was in the 2016 race.
The Cabinet:
  • Weaver became the first African-American in the cabinet under Johnson as Secretary of Housing.
  • Ben Carson’s appointment as HUD in 2017 is the most recent black appointee.
  • Obama’s cabinet saw lots of minorities in the cabinet but Trump barely has any. Are we going back to what Nixon called “grey-haired old men called George”
Immigration Reform:
What Do The 4 Tables Highlight:
  • The 4 tables show that immigration (Illegal aliens) is significantly decreasing.
  • The DREAM Act during Bush’s years sought the end of illegal aliens and has such been decreasing ever since
  • Will Trump be able to actually build a wall, if he does then it would go against how far America has come in terms of race and rights. Martin Luther King would certainly not like it.
  • Immigration is becoming a key issue in American politics.

Comparing The Protection of Rights in the USA & UK:
Effectiveness of Protection of Rights:
UK:
USA:
The use of judicial review: Can see if someone acted beyond one’s power (Ultra Vires)
Plessy vs Ferguson showed that the court was clearly not protecting the rights of African-Americans.
Upholding of the provision of the Human Rights Act
The 24th Amendment did not end all discrimination either. Neither did the Defence of Marriage act bring rights for homosexuals.
Declarations regarding common law
After 9/11 was the USA PATRIOT act tilt the balance of national security too much? Some argued that it infringed people’s rights.
Judicial inquiries
Equally in today’s America (despite legislation passed after 9/11) the rights of the disable and those of women have improved. This action has only been brought about by the combined action of the Courts, POTUS and legislators and pressure groups.
Parliament has a role by passing legislation: Equal Pay Act, Sex Discrimination Act, Race Relations Act, Disability Discrimination and Freedom of Information
BUT the Equality Act effectively concluded that all rights were now protected. But after terror attacks, did Blair still allow this to happen. General consensus to follow the Rule of Law but how can this happen?
Role of Pressure Groups:
UK:
USA:
Pressure groups are encouraged to focus their campaigning on the court and not just Parliament.
Some groups are amicus curiaw meaning “friends to the court” where the group can try to influence the court as it reaches its decision.
The Ashers Bakery case in Ireland saw a Christian pressure group exert pressure on the courts by presenting a case to them as he held Christian beliefs. In this sense they do have lots of power but perhaps not as much as the USA.
The ACLU is one of the biggest group who influence the courts. It now has 3 million members, and has played a key role in many landmark cases. It has been widely criticised for siding with so called “extremist groups.”
Liberty is similar to the ACLU where they support gay rights as well as civil rights.

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