# Is the Voting Rights Act of 1965 unconstitutional? **URL:** \ **Category:** Great Debates\ **Created:** [August 26, 2011, 3:58pm UTC](https://boards.straightdope.com/t/is-the-voting-rights-act-of-1965-unconstitutional/594188 "2011-08-26T15:58:02Z")\ **Posts on this page:** 2\ **Page:** 2
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [August 27, 2011, 7:40pm UTC](https://boards.straightdope.com/t/is-the-voting-rights-act-of-1965-unconstitutional/594188/21 "2011-08-27T19:40:26Z")
I think there’s at least a colorable argument that the VRA is only contextually constitutional; in other words, it’s constitutionality depends on the existence of certain facts on the ground. Congressional powers under Section 5 must be congruent and proportional to the harm Congress seeks to remedy. As racism becomes less of a problem, then the VRA begins to seem less like a congruent and proportional response. That said, I think we’re pretty far from that day, and I also think the Courts need to be pretty deferential to Congress on the factual issue. If Congress still thinks its a problem – as they said last time they reapproved the Act – then the Court should be very reluctant to second guess Congress on the facts. As a practical matter, I think this Supreme Court is unlikely to muck with things, but I would trust Tom Goldstein’s opinion too. ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [August 27, 2011, 8:33pm UTC](https://boards.straightdope.com/t/is-the-voting-rights-act-of-1965-unconstitutional/594188/22 "2011-08-27T20:33:29Z")
> [@silenus](#): > > Time to break out the Sharps… I’ll sell you mine. 😉 [Previous page](https://boards.straightdope.com/t/is-the-voting-rights-act-of-1965-unconstitutional/594188.md?page=1)