scholarly journals The Voting Rights Act in Indian Country: South Dakota, a Case Study

2004 ◽  
Vol 29 (1) ◽  
pp. 43 ◽  
Author(s):  
Laughlin McDonald
2017 ◽  
Vol 41 (4) ◽  
pp. 1-21 ◽  
Author(s):  
Jean Reith Schroedel ◽  
Joey Torres ◽  
Andrea Walters ◽  
Joseph Dietrich

During the 1965 debates over the Voting Rights Act, there are only two brief mentions of Native Americans. During the Act's 1975 renewal, Native Americans were mentioned only with respect to their inclusion under the minority language provisions. At no point did the applicability of Section 5's pre-clearance provisions to political jurisdictions with histories of discrimination against Native Americans generate discussion. They also were ignored in the Supreme Court's 2013 Shelby County v. Holder decision, where Section 4(b) that established the criteria for establishing Section 5 covered jurisdictions was found to be unconstitutional. In this paper, we examine struggles over Section 5 pre-clearance in South Dakota, as well as the challenges of legal attempts to establish “covered jurisdictions” using the more stringent standard required in Section 2. We focus on South Dakota because it is a state with a long, troubled history of discrimination towards Native peoples. It also is the state with the highest number of voting rights cases involving Native Americans. Although a state that has been labeled “the Mississippi of the North” is an extreme case, we argue that it is precisely those settings that make pre-clearance so critical.


2021 ◽  
Vol 35 ◽  
pp. 100385
Author(s):  
William Gascoigne ◽  
Rebecca Hill ◽  
Michelle Haefele ◽  
John Loomis ◽  
Skip Hyberg

2018 ◽  
Vol 142 (1) ◽  
pp. 91-123
Author(s):  
Jeffrey Knapp

Every historical film must contend with the possibility that its viewers will be scandalized by its mixture of fact and fiction, but no recent historical film has faced such pressure to justify its hybrid nature as Selma has, in large part because no recent film has taken on so momentous and controversial a historical subject: the civil rights marches from Selma to Montgomery that led to the passage of the Voting Rights Act in 1965. The renewed urgency of the issues Selma dramatizes, along with the film’s own commitment to the “moral certainty” of the civil rights movement, helps explain why Selma wavers in a self-defense that links the fictionality of its historical reenactments to the purposely theatrical element of the marches themselves. But politics are not the only problem for fiction in Selma, and to show why, this essay compares Selma to an earlier historical film, The Westerner (1940), that openly flaunts the commercial nature of its fictionality.


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