Introduction
History has demonstrated a lot of examples, when certain discriminatory measures had the legal binding force and had to be applied. It has also been demonstrated that administrative tools could totally limit the scope of one’s realization of the rights and freedoms which have general character. Among the main political rights, the right to vote/elect those ones whom you believe plays fundamental role, since it could define the course of development of the whole nation, resolve social issues, and defend certain categories of people.
Thesis
Historical examples demonstrate the importance of such citizens’ right, as it was often a subject of limitations and restrictions. In this paper, it relates to the matter of race discriminiation, which, inter alia, took place in the U.S. after the introduction of the so-called literacy tests which, de facto, excluded the representatives of the African American population from voting. It has been made, despite the provisions of the Fifteenth Amendment to the Constitution, which proclaimed the prohibition of the denial of the right to vote on account of race, color, or previous condition of servitude (Finkelman, p.176). The issue consisted, also, in the fact that these tests could not been challenged due to their contradictions with the provisions of the Constitution, since these tests were, formally, applied to all the population, despite, inter alia, race.
It is stated that literacy tests were the most severe and notorious restrictive electoral institutions used in the states throughout the country (Springer, p.98). In particular, Justice Hugo Black in the Supreme Court’s decision ‘Oregon v. Mitchell’ noted that there is long history of discriminatory use of literacy tests to disenfranchise voters on account of their race’ (Springer, p.99). Even though, in accordance with the statistical data, literacy tests did not have significant effect on the general results of voting, they are significant for the Black population of that time, the rate of participation of whom rapidly decreased at that time.
The issue of the racial minorities’ education of that time was the factor leading to the above-mentioned state of affairs. It is said that the proportion of young people enrolled in school remained relatively low in the last half of the 19th century (Snyder, n.p.). Additionally, Rates for males and females were roughly similar throughout the period, but rates for blacks were much lower than for whites (Snyder, n.p.).
Statistical data demonstrate that in 1870 80 % of the Blacks were illiterate; later between 1880 and 1890 this index lowered and was approximately 60 % (Snyder, n.p.). It was enough so as to develop such qualifications for voters which would necessary exclude such illiterate electorate from voting.
The mechanism of literacy tests was considered to be such which violated the rights of the African Americans in a number of statutes. In particular, in the preamble of the Voting Rights Act it was foreseen that the act per se was aimed at outlawing the discriminatory voting practices adopted in many southern states after the Civil War, in particular literacy test as a prerequisite to voting (Voting Rights Act). Additionally, it was mentioned in the Act that African Americans in the South faced unreasonable and unbearable obstacles to voting, inter alia, poll taxes, literacy tests, and other bureaucratic restrictions to deny them the right to vote (Voting Rights Act).
The nature of such literacy tests and their aims can be extracted from the further steps, made by the legislative authorities of the states, namely the introduction of the so-called grandfather clauses which enabled the White citizens, despite their incompetence and disability to pass the test, to participate in voting because of the fact that ‘their grandfather was granted such right’.
The Supreme Court, being determined to provide the equality in the field of the right to vote, found such provision to be unconstitutional and, consequently, void. Also, the Supreme Court in the case of Guinn v. the United States emphasized that the current practice of voting regulation is discriminatory and has to be amended, however, this step will be made only, in fact, in 1966.
In order to understand how the literacy test was conducted, the Alabama Literacy Test can be analyzed. In consisted of 68 questions in terms of the legal aspects as well as of the basic grounds of public administration functioning. For instance, a potential voter was asked to answer what was prescribed by the Bill of Rights, how many states ratified the Constitution at the beginning and when it came into force and so on.
These questions demanded additional knowledge, since general information people know would have been enough so as to pass the test. Concerning the fact of illiteracy of the African American population, we can conclude that such administrative measures limited the right to vote to such extent that the representation of the Blacks’ will was highly low. In addition, other tests, in particular Louisiana one, were even tougher.
If we look at the issue of literacy of the African American through the historical prism, there were certain barriers for the former in context of education. In particular, it is said that the African slaves in American were forbidden, by law, to read (Joyce, Harris, Kamhi, and Pollock, p. 17). Some of the representatives managed to read, avoiding the provisions of the law which restricted such activity, but that was the activity of the minority.
The meaning of literacy in the aspect of the analyzed historical events could be described in the way one African American entrepreneur said: literacy is power which enables the ones who possess it to open up new avenues; it gives a sense of accomplishment and self-esteem (Joyce, Harris, Kamhi, and Pollock, p. 17)
The literacy tests prevented, as we have mentioned, the African Americans from equal with the Whites participation in voting. It led to the election of only those who implemented the policy desired by the White population with consequent ignoring of the problems which could arise regarding the minorities.
Tests introduction effects are as follows: the black population of the south suffered from unequal treatment and representation in certain bodies; the test was admitted to have been failed, when black applicants made, at least, one mistake (Finkelman, p.176).
When the literacy level started rising (in 1920 it was 23 % which was twice lower than only ten years before), the authorities introduced new rules, in particular the ones which put on the applicant an obligation to interpret the answer, in other words, to give reasonable interpretation (Finkelman, p.176). These applicants’ explanations were hardly ever found reasonable.
It should be also noted that the African American did not oppose against such qualification as one of those which can be prescribed, in accordance with the Fifteenth Amendment. However, they insisted on the impartiality of the bodies responsible for their checking up. Some of the African American leaders (Booker T. Washington) were convinced that this instrument in future will be beneficial for them, as it could exclude even more White voters, than the Black ones. That was the reason why certain educational initiatives were a common activity organized by the African American leaders. All in all, the leaders were sure that it was impossible to prove tests’ discriminatory character which was the main reason why they did not challenge it in courts.
Conclusions
It can be clearly seen from this historical example that administrative and discriminatory measures cannot fulfill the primary targets forever and once they will be cancelled. Thus, it is better to reach a consensus at the beginning and to build a dialogue, than to create the atmosphere of hate and absence of any features of tolerance.
Works cited
Finkelman, Paul. Ecnyclopedia of African American History: 1986 to the Present. Oxford: Oxford University Press, 2009.
Harris, Joyce, Kamhi, Alan, Pollock, Karen. Literacy in African American Communities. New York: Routledge, 2010
Hoffman, Kathryn, Liagas, Charmaine, Snyder, Tom. Status and Trends in the Education of Blacks. Washington: National Center for Education Statistics, 2003.
Snyder, Tom. ‘120 Years of Literacy’. National Assessment of Adult Literacy. Web.
Springer, Melanie. How the American States Shaped the Nation: American Electoral Institutions and Voter Turnout, 1920-2000. Chicago: The University of Chicago Press, 2014.
