[Congressional Record (Bound Edition), Volume 160 (2014), Part 8]
[Senate]
[Pages 11148-11149]
[From the U.S. Government Publishing Office, www.gpo.gov]




    50TH ANNIVERSARY OF FREEDOM SUMMER AND CIVIL RIGHTS ACT OF 1964

  Mr. CARDIN. Madam President, I wish to commemorate the 50th 
anniversary of Freedom Summer and the Civil Rights Act of 1964, and to 
talk for a few minutes about how Senators can work together to make 
this a more perfect Union and guarantee equal justice under the law to 
all Americans.
  Freedom Summer was a campaign in Mississippi to register Black voters 
during the summer of 1964. In 1964, most Black voters were 
disenfranchised by law or practice in Mississippi, notwithstanding the 
15th Amendment to the Constitution, which was ratified in 1870. The 
15th Amendment provides that ``the rights of citizens of the United 
States to vote shall not be denied or abridged by . . . any State on 
account of race, color, or previous condition of servitude.''
  On January 23, 1964, the States ratified the 24th Amendment to the 
Constitution, which provides that ``the rights of citizens of the 
United States to vote in any primary or other [Federal] election . . . 
shall not be denied or abridged . . . by any State by reason of failure 
to pay any poll tax or other tax.''
  The Freedom Summer voting rights initiative was led by the Student 
Nonviolent Coordinating Committee, SNCC, with the support of the 
Council of Federated Organizations, COFO, which included the National 
Association for the Advancement of Colored People, NAACP, the Congress 
of Racial Equality, referred to in this preamble as the CORE, and the 
Southern Christian Leadership Conference, SCLC.
  Thousands of students and activists participated in 2-week 
orientation sessions in preparation for the voter registration drive in 
Mississippi. In 1962, at 6.7 percent of the State's Black population, 
Mississippi had one of the lowest percentages of Black registered 
voters in the country.
  Tragically, three civil rights volunteers lost their lives in their 
attempts to secure voting rights for Blacks. Andrew Goodman was a White 
20-year-old anthropology major from Queens College who volunteered for 
the Freedom Summer project. James Chaney was a 21-year-old Black man 
from Meridian, MS, who became a civil rights activist, joining the CORE 
in 1963 to work on voter registration and education. Michael ``Mickey'' 
Schwerner was a 24-year-old White man from Brooklyn, NY, who was a CORE 
field secretary in Mississippi and a veteran of the civil rights 
movement.
  On the morning of June 21, 1964, the three men left the CORE office 
in Meridian, MS, and set out for Longdale, MS, where they were to 
investigate the recent burning of the Mount Zion Methodist Church, a 
Black church that had been functioning as a freedom school to promote 
education and voter registration. The three civil rights workers were 
beaten, shot, and killed by members of the Ku Klux Klan, after being 
turned over by local police.
  The national uproar in response to these brave men's deaths, which 
occurred shortly before enactment of the Civil Rights Act of 1964, 
helped build the momentum and national consensus necessary to bring 
about passage of the Voting Rights Act of 1965.
  So as we celebrate the anniversaries of these landmarks pieces of 
civil rights legislation, we are reminded that there is more work to be 
done. As former Senator Ted Kennedy used to say, ``Civil rights is the 
great unfinished business of America.''
  One year ago this week the Supreme Court issued its decision in 
Shelby County v. Holder, which struck down section 4 of the Voting 
Rights Act, invalidating the coverage formula that determines which 
jurisdictions are subject to the preclearance provisions of the act.
  Congress must act to reverse the erroneous decision by the Supreme 
Court which overturned several important precedents in a fit of 
judicial activism. As much as we wish it wasn't so, racism has not 
disappeared from America and there continue to be individuals and 
groups who would use our voting system to deliberately minimize the 
rights of minority voters. Congress overwhelmingly reauthorized the 
Voting Rights Act in 2006 after building an extensive record that made 
a compelling case for the continued need to protect minority voters 
from discrimination. I strongly agree with Justice Ginsburg's dissent 
that `in truth, the evolution of voting discrimination into more subtle 
second-generation barriers is powerful evidence that a remedy as 
effective as preclearance remains vital to protect minority voting 
rights and prevent backsliding.''' I am deeply disappointed that the 
Court put voting rights in jeopardy by ignoring reality and 
disregarding the power of Congress to enforce the 15th Amendment of the 
Constitution by appropriate legislation.
  I am pleased that the Judiciary Committee held a hearing this week on 
potential legislative responses to the Supreme Court's decision in 
Shelby County v. Holder, and I hope Congress can take up and pass a 
legislative fix before the midterm elections.
  Congress should also take up and pass the Democracy Restoration Act, 
DRA, S. 2235, which I have introduced. The Democracy Restoration Act 
would restore voting rights in Federal elections to approximately 5.8 
million citizens who have been released from prison and are back living 
in their communities.
  After the Civil War, Congress enacted and the States ratified the 
15th Amendment, which provides that ``the right of citizens of the 
United States to vote shall not be denied or abridged by the United 
States or by any State on account of race, color, or previous condition 
of servitude. The Congress shall have power to enforce this article by 
appropriate legislation.''
  Unfortunately, many States passed laws during the Jim Crow period 
after the Civil War to make it more difficult for newly freed slaves to 
vote in elections. Such laws included poll taxes, literacy tests, and 
disenfranchisement measures.
  Some disenfranchisement measures applied to misdemeanor convictions 
and in practice could result in lifetime disenfranchisement, even for 
individuals that successfully reintegrated into their communities as 
law-abiding citizens.
  Shortly thereafter Congress enacted the Voting Rights Act of 1965, 
which swept away numerous State laws and procedures that had denied 
African Americans and other minorities their constitutional right to 
vote. For example, the act outlawed the use of literacy or history 
tests that voters had to pass before registering to vote or casting 
their ballot.
  The act specifically prohibits States from imposing any ``voting 
qualification or prerequisite to voting, or standard, practice, or 
procedure . . . . . to

[[Page 11149]]

deny or abridge the right of any citizen of the United States to vote 
on account of race or color.'' Congress overwhelmingly reauthorized the 
act in 2006, which was signed into law by President George W. Bush. 
Congress is now working on legislation to revitalize the VRA after 
recent Supreme Court decisions curtailed its reach.
  In 2014, I am concerned that there are still several areas where the 
legacy of Jim Crow laws and State disenfranchisement statutes lead to 
unfairness in Federal elections. First, State laws governing the 
restoration of voting rights vary widely throughout the country, such 
that persons in some States can easily regain their voting rights, 
while in other States persons effectively lose their right to vote 
permanently. Second, these State disenfranchisement laws have a 
disproportionate impact on racial and ethnic minorities. Third, this 
patchwork of State laws results in the lack of a uniform standard for 
eligibility to vote in Federal elections, and leads to an unfair 
disparity and unequal participation in Federal elections based solely 
on residence. Finally, studies indicate that former prisoners who have 
voting rights restored are less likely to reoffend, and 
disenfranchisement hinders their rehabilitation and reintegration into 
their community.
  In 35 States, convicted individuals may not vote while they are on 
parole. In 11 States, a conviction can result in lifetime 
disenfranchisement. Several States require prisoners to seek 
discretionary pardons from Governors, or action by the parole or pardon 
board, in order to regain their right to vote. Several States deny the 
right to vote to individuals convicted of certain misdemeanors. States 
are slowly moving to repeal or loosen many of these barriers to voting 
for ex-prisoners.
  An estimated 5,850,000 citizens of the United States, or about 1 in 
40 adults in the United States, currently cannot vote as a result of a 
felony conviction. Of the 5,850,000 citizens barred from voting, only 
25 percent are in prison. By contrast, 75 percent of the 
disenfranchised reside in their communities while on probation or 
parole after having completed their sentences. Approximately 2,600,000 
citizens who have completed their sentences remain disenfranchised due 
to restrictive State laws. In six states--Alabama, Florida, Kentucky, 
Mississippi, Tennessee, and Virginia--more than 7 percent of the total 
population is disenfranchised.
  Studies show that a growing number of African-American men, for 
example, will be disenfranchised at some point in their life, partly 
due to mandatory minimum sentencing laws that have a disproportionate 
impact on minorities. Latino citizens are disproportionately 
disenfranchised as well.
  Congress has addressed part of this problem by enacting the Fair 
Sentencing Act to partially reduce the sentencing disparity between 
crack cocaine and powder cocaine convictions. Congress is now 
considering legislation that would more broadly revise mandatory 
sentencing procedures and create a fairer system of sentencing. While I 
welcome these steps, I believe that Congress should take stronger 
action now to remedy this particular problem.
  The legislation would restore voting rights to prisoners after their 
release from incarceration. It requires that prisons receiving Federal 
funds notify people about their right to vote in Federal elections when 
they are leaving prison, sentenced to probation, or convicted of a 
misdemeanor.
  The legislation is narrowly crafted to apply to Federal elections, 
and retains the States' authorities to generally establish voting 
qualifications. This legislation is consistent with congressional 
authority under the Constitution and voting rights statutes.
  I am pleased that this legislation has been endorsed by a large 
coalition of public interest organizations, including civil rights and 
reform organizations; religious and faith-based organizations; and law 
enforcement and criminal justice organizations.
  In particular I want to thank the Brennan Center for Justice, the 
ACLU, the Leadership Conference on Civil and Human Rights, and the 
NAACP for their work on this legislation.
  This legislation is designed to reduce recidivism rates and help 
reintegrate ex-prisoners back into society. When prisoners are 
released, they are expected to obey the law, get a job, and pay taxes 
as they are rehabilitated and reintegrated into their community. With 
these responsibilities and obligations of citizenship should also come 
the rights of citizenship, including the right to vote.
  In 2008, President George W. Bush signed the Second Chance Act into 
law, after overwhelming approval and strong bipartisan support in 
Congress. The legislation expanded the Prison Re-Entry Initiative, by 
providing job training, placement services, transitional housing, drug 
treatment, medical care, and faith-based mentoring.
  At the signing ceremony, President Bush said: ``We believe that even 
those who have struggled with a dark past can find brighter days ahead. 
One way we act on that belief is by helping former prisoners who have 
paid for their crimes. We help them build new lives as productive 
members of our society.''
  The Democracy Restoration Act is fully consistent with the goals of 
the Second Chance Act, as Congress and the States seek to reduce 
recidivism rates, strengthen the quality of life in our communities and 
make them safer, and reduce the burden on taxpayers.
  More recently, in a February 2014 speech, Attorney General Eric 
Holder called on elected officials to reexamine disenfranchisement 
statutes and enact reforms to restore voting rights.
  I urge Congress to continue the fight to protect and expand civil 
rights in this country, as we celebrate the 50th anniversary of Freedom 
Summer and the Civil Rights Act of 1964 and as we strive to make this a 
more perfect union.

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