Recently, state-issued photo ID has been required in order vote since the law passed in the Texas legislature. This law has caused controversy as it brings up the question over the state’s power in the regulation of elections. “While pending review within the judicial system, the U.S. Supreme Court issued its opinion in Shelby County v. Holder, which effectively ended all pending litigation. As a result, voters are now required to present an approved form of photo identification in order to vote in all Texas Elections” (votetexas.gov). The U.S. Supreme Court struck down on Section 4(b) of the Voting Rights Act of 1965 in the Shelby County v. Holder case. Because of this decision, Section 5 was no longer enforceable, allowing states to pass …show more content…
Constitution place on state’s power to determine voter qualifications? Those limitations start with the Voting Rights Act of 1965. This act prohibits racial discrimination when voting in the local, state, and federal levels. “Section 2, which closely followed the language of the 15th amendment, applied a nationwide prohibition of the denial or abridgment of the right to vote on account of race or color” (ourdocuments.gov). Not since the reconstruction period after the civil war had there been such a “significant statutory change in the relationship between the Federal and state governments” (ourdocuments.gov). Though the states power regarding their voting laws had been restricted by the federal government, recentness has given back said power to the states. As aforementioned, Section 5 is no longer enforceable. But why? Section 4(b) was deemed unconstitutional in 2013 because of its “coverage formula” (civilrights.org), which used outdated methods to determine a states pre-clearance in Section 5. With Section 5 no longer enforced, Texas’ new voter ID law was able to take affect but is it compliant with federal