39–006

1See President Lyndon Johnson, Address to Congress (March 15, 1965). 

109TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 109–195

EXPRESSING THE SENSE OF THE CONGRESS THAT, AS CONGRESS OBSERVES THE 40TH ANNIVERSARY OF THE VOTING RIGHTS ACT OF 1965 

AND ENCOURAGES ALL AMERICANS TO DO THE SAME, IT WILL ADVANCE THE LEGACY OF THE VOTING RIGHTS ACT OF 1965 BY ENSURING 

THE CONTINUED EFFECTIVENESS OF THE ACT TO PROTECT THE VOTING RIGHTS OF ALL AMERICANS 

JULY 27, 2005.—Referred to the House Calendar and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H. Con. Res. 216]

The Committee on the Judiciary, to whom was referred the concurrent resolution (H. Con. Res. 216) expressing the sense of the 

Congress that, as Congress observes the 40th anniversary of the 

Voting Rights Act of 1965 and encourages all Americans to do the 

same, it will advance the legacy of the Voting Rights Act of 1965 

by ensuring the continued effectiveness of the Act to protect the 

voting rights of all Americans, having considered the same report 

favorably thereon without amendment and recommend that the 

concurrent resolution be agreed to.

PURPOSE AND SUMMARY

The purpose of H. Con. Res. 216 is to express the sense of Congress that, as Congress observes the 40th Anniversary of the Voting Rights Act of 1965 and encourages all Americans to do the 

same, it will advance the legacy of the Voting Rights Act of 1965 

by ensuring the continued effectiveness of the Act to protect the 

voting rights of all Americans. 

BACKGROUND AND NEED FOR THE LEGISLATION

On August 6, 1965, President Lyndon B. Johnson signed into law 

one of the most significant pieces of civil rights legislation in our 

Nation’s history—the Voting Rights Act (VRA).1 The VRA was enacted in response to widespread discrimination experienced by African American voters and has since become one of the most comVerDate jul 14 2003 02:10 Aug 05, 2005 Jkt 039006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR195.XXX HR195
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2 CRS Report for Congress, The Voting Rights Act of 1965, as Amended: Its History and Current Issues, November 4, 2004 at 4. 3 Id. at 6. 

prehensive and successful pieces of legislation to pass Congress, retaining the support of both Republicans and Democrats alike. 

Over the last 40 years, the VRA has come to represent the sacrifice and struggles of the civil rights movement. It has been instrumental in restoring the meaning of equality under the laws 

and ensuring that the rights provided by the Constitution, including the right to vote, are afforded to all Americans. 

Prior to the passage of the VRA, African-Americans and other 

minorities experienced barriers in their every attempt to exercise 

their right to vote. Discrimination occurred through both insidious 

and disingenuous means such as literacy tests, complex ballots, 

and out of the way polling places. The impact of these disenfranchisement efforts were devastating, severely limiting the ability of 

African-Americans to participate in the political process.2 The Civil 

Rights Acts of 1957 and 1960 were largely considered inadequate 

to addressing the barriers to voting, thus fostering the need for 

more comprehensive reform.3

Since it’s enactment the VRA has guaranteed the rights afforded 

by the 15th Amendment to all Americans and has hampered the 

ability of jurisdictions to continue past discriminatory practices to 

continue past practices. The VRA has been amended on four separate occasions in 1970, 1975, 1982, and 1992 each time addressing 

new faces of discrimination. Certain provisions of the VRA of 1965 

are set to expire in 2007. 

The VRA has been instrumental in increasing voter registration 

among all minorities and relatedly has increased the number of minorities elected to public office. It is widely considered to be one of 

the most effective pieces of legislation in our country’s history. It 

has helped millions of Americans realize the equality that our 

founders envisioned and our Constitution enshrined. This concurrent resolution recognizes this historic achievement. 

HEARINGS

The Committee on the Judiciary held no hearings on H. Con. 

Res. 216. 

COMMITTEE CONSIDERATION

On July 27, 2005, the Committee met in open session and ordered favorably reported the resolution H. Con. Res. 216 without 

an amendment by a by a voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the committee consideration of H. Con. Res. 

216.

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activiVerDate jul 14 2003 02:10 Aug 05, 2005 Jkt 039006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR195.XXX HR195
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ties under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

COMMITTEE COST ESTIMATE

In compliance with clause 3(d)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee believes H. Con. Res. 216 

will have no cost for the current fiscal year 2005, and that there 

will be no cost incurred in carrying out H. Con. Res. 216 for the 

next five fiscal years. 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the purpose of H. 

Con. Res. 216 is to express the sense of Congress that, as Congress 

observes the 40th anniversary of the Voting Rights Act of 1965 and 

encourages all Americans to do the same, it will advance the legacy 

of the Voting Rights Act of 1965 by ensuring the continued effectiveness of the Act to protect the voting rights of all Americans. 

CONSTITUTIONAL AUTHORITY STATEMENT

Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives, does not apply as this is a concurrent resolution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

The following discussion describes the bill as reported by the 

Committee. 

The first preambular clause provides that Americans, both 

known and unknown, risked their lives to stand up against racial 

discrimination and to seek political equality. 

The second preambular clause provides that Americans sacrificed 

a great deal including their lives to ensure that guarantees provided by the 14th and 15th Amendments were applicable to all citizens.

The third preambular clause provides that on Sunday, March 7, 

1965, known as ‘‘bloody Sunday,’’ there was a clarion call to the 

Nation to fulfill its promise. 

The fourth preambular clause provides after Bloody Sunday, 

President Lyndon B. Johnson called for a comprehensive and effective voting rights bill as a necessary response by Congress and the 

President to the interference and violence, in violation of the 14th 

and 15th amendments, encountered by African American citizens 

when attempting to protect and exercise the right to vote. 

The fifth preambular clause provides that on August 6, 1965, 

President Lyndon B. Johnson signed this landmark legislation into 

law. 

The sixth preambular clause provides that the Voting Rights Act 

of 1965 stands as a tribute to the heroism of countless Americans, 

4

serves as one of the most important civil rights victories, and has 

empowered all Americans to participate in the political process. 

The seventh preambular clause provides that the Voting Rights 

Act of 1965 reinforces the guarantees of the 15th Amendment. 

The eighth preambular clause provides that the Voting Rights 

Act of 1965 was amended in 1975 to include language minority citizens and again in 1982 to protect voters with disabilities. 

The ninth preambular clause provides that the Voting Rights Act 

of 1965 has helped advance democracy in America by encouraging 

all citizens to participate in the political process and by providing 

them with the opportunity to elect representatives on the Federal, 

State, and local level. 

The tenth preambular clause provides that the Voting Rights Act 

of 1965 has been instrumental in increasing voter registration 

among racial, ethnic, and language minorities and has enhanced 

the ability of those to participate in the political process, which is 

reflected in the 81 African American, Latino, Asian, and Native 

American Members of Congress and thousands of minority State 

and local officials. 

The eleventh preambular clause provides that obstacles still remain, hence the continued importance of the Voting Rights Act of 

1965. 

The twelfth preambular clause provides that the Voting Rights 

Act of 1965 provides extensive voter protections including those 

found in Section 2, Section 201, Section 5, Sections 6–9, and Section 203. 

The thirteenth preambular clause provides that certain provisions of the Voting Rights Act of 1965 will expire in 2007, unless 

reauthorized by Congress.

The fourteenth preambular clause provides that our democracy 

at home and efforts to promote democracy abroad are contingent on 

the complete effectiveness of the Voting Rights Act of 1965. 

The fifteenth preambular clause provides that 2005 marks the 

40th anniversary of the Voting Rights Act of 1965 and its substantial achievement in protecting the right to vote, but continued efforts must be made to protect the rights of all Americans. 

The sixteenth preambular clause provides that the Voting Rights 

Act of 1965 has been hailed as the most successful civil rights 

achievement. 

The resolved clause provides that it is the sense of Congress that 

it: 

(1) observe and celebrate the 40th Anniversary of the enactment 

of the Voting Rights Act of 1965; 

(2) pledge to advance the legacy of the Voting Rights Act of 1965 

to ensure its continued effectiveness in protecting the voting rights 

of all Americans; 

(3) encourage all Americans to celebrate the 40th Anniversary of 

the Voting Rights Act of 1965. 

5

CHANGES IN EXISTING LAW BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, the Committee notes H. Con. Res. 216 

makes no changes to existing law.

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