Congressional Power to Extend Preclearance Under the Voting Rights Act
Pamela S. Karlan
The Voting Rights Act has been a landmark piece of civil rights legislation since it was first enacted in 1965, and is before Congress again this term as key provisions are set to expire this year. A key issue in the debate over the Act's renewal is whether the preclearance procedures under the Act, which require covered jurisdictions to first obtain federal approval before making any changes to their election laws, remain constitutional in light of recent Supreme Court cases that limit congressional enforcement power. In this issue paper, Professor Pamela Karlan examines developments in the Supreme Court’s federalism jurisprudence and explains why, those developments notwithstanding, Congress continues to have the constitutional authority to extend the preclearance remedy.
| Attachment | Size |
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| Karlan Preclearance paper 6-14-06.pdf | 332.25 KB |


