The process of redistricting has fractured political representation. Voting protections have eroded, and rights thought secure for generations are now unstable. These are consequences of choices made in 1964, where emotional righteousness was chosen over structural permanence.
Historical Context of Civil Rights Achievements
The civil rights movement achieved major victories through moral force and legislative actions. Congress enacted the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Despite being triumphs, these were statutory victories, not constitutional ones. Statutory laws, unlike constitutional amendments, are vulnerable to being limited, repealed, or allowed to lapse.
Women’s rights advocates recognized this vulnerability earlier with the push for the Equal Rights Amendment. Despite its passage in Congress in 1972, the amendment remains unratified, hindered by forces benefiting from statutory vulnerability.
Current Challenges to Voting and Civil Rights
The distinction is critical as this statutory basis collapses. The Shelby County v. Holder decision undermined the Voting Rights Act’s enforcement mechanism. Redistricting maps are redrawn by those seeking to maximize power before demographic shifts challenge their control. Protected classes, defined by statute rather than constitutional amendments, exist as long as legislatures choose to protect them.
The 14th Amendment granted citizenship to formerly enslaved people, but did not ensure voting rights or equal access to public accommodations. Congress provided these protections. The Warren Court affirmed these, but the Rehnquist and Roberts Courts have since narrowed and reversed them.
Legal Vulnerabilities of Rights
Voting rights, civil rights, and various protections are statutory, dependent on legislative and judicial decisions. Laws like the Americans with Disabilities Act and marriage equality are vulnerable to repeal or reinterpretation.
Political parties have exploited these vulnerabilities. Both have gerrymandered and failed to pursue constitutional amendments to solidify protections. The system keeps voters mobilized, reliant on electoral outcomes and court decisions, while neither party acts to protect rights permanently.
The Need for Constitutional Amendments
Article Five of the Constitution provides a mechanism for amendments, but neither party has pursued this route, benefiting from ongoing instability. The Framers established amendments to safeguard against the pitfalls of mere statutes.
Most Americans are unaware of these susceptibilities, mistakenly trusting that elections will secure their rights. Constitutional amendments would ensure permanence, removing political leverage and manipulation.
The ethical choice before us now is demanding constitutional amendments to protect these rights permanently. The mechanism exists, and both parties recognize it. It requires the American people to insist on its use.
“The choice made in 1964 cannot be unmade. The choice before us now is whether we will finally make the one we should have made then.”
Yvonne Renée Davis, founder, president, and CEO of DAVISIntelligence, has worked extensively across multiple presidential administrations and countries.
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