Sam Lichtman

Allan J. Lichtman

Allan J. Lichtman is Distinguished Professor of History at American University and the author of ten books. FDR and the Jews (with Richard Breitman), won the National Jewish Book Award in American Jewish History. Other books include The Keys to the White House and The Case for Impeachment and White Protestant Nation, a finalist for the National Book Critics Circle Award in non-fiction. He served as an expert witness in some 90 voting rights cases and as an expert for the U.S. Commission on Civil Rights that uncovered the racial disparity in ballot rejection rates in Florida that gave George W. Bush the presidency in 2000.

The Embattled Vote in America - A close-up

I would turn your attention to pages x and xi of The Embattled Vote, which illuminate my work as an expert witness in voting rights litigation. In the 1980s I worked mainly on cases challenging the outright exclusion of minorities from participation in governance. Recently, however, my work has evolved to litigation dealing with racial and partisan gerrymandering, photo ID laws, and other thinly disguised restrictions on the franchise.My greatest satisfaction still comes from my early work in localities like Selma, Alabama – the birthplace of the Voting Rights Act -- where whites had oppressed black people throughout their lives. At the risk of their livelihoods and safety, African Americans often joined civil rights groups as plaintiffs in voting rights law suits.Consider also pages 53 and 54 that describe America’s first voting rights lawsuit, filed not in the 1960s, but in the 1830s by William Fogg, a black citizen of Pennsylvania. Fogg and other excluded voters had no recourse to the federal courts because of the Constitution’s silence on voting rights. He charged in state court that election officials had violated Pennsylvania’s color-blind constitution by barring him from voting because he looked black. The Pennsylvania Supreme Court rejected Fogg’s claim by writing black people out of American democracy. It found that “no coloured race was party to our social compact,” and that Pennsylvania should not “raise this depressed race to the level of the white one.”Examine pages 256-257 where the book draws attention to the current crisis of American democracy. It cites ideological polarization, cynicism about government, lagging voter turnout, and unchecked foreign interference in American elections. In some ways, today’s democracy resembles the economic stakeholder model of the eighteenth century. Restrictions on registration and voting and alienation from politics have produced a cadre of nonvoters that is disproportionately minority, young, and economically disadvantaged.

Then turn to Chapter 8 on “Reforming American Voting.” It introduces and explains the reforms that can redeem our democracy. I discuss these innovations below. I wrote The Embattled Vote as both a history and a call to action. A New York Times review said that it “uses history to contextualize the fix we’re in today. Growing outrage, [Lichtman] thinks, could ignite demands for change. With luck, this fine history might just help to fan the flame.”Outrage over the Supreme Court’s abdication of a judicial check on partisan gerrymandering should rivet attention on the remedies in Chapter 8. The state of Florida ironically offers an anti-gerrymandering model for the nation. In 2010, 62 percent of Florida voters backed a state constitutional amendment to restrict partisan gerrymandering for congress and the state legislature. After years of resistance from Republicans in the state legislature, the state courts compelled the redrawing of district lines to treat each party fairly. Florida-style amendments could be effectively combined with redistricting conducted by independent commissions to stifle pernicious gerrymandering, with enforcement by the state not the federal courts.An affirmative right to vote amendment, like the version of the Fifteenth Amendment that Congress rejected in 1869, would bring America into line with most other democratic nations and with international conventions. It would not invalidate every restriction on the vote, any more than the right of free speech invalidates libel and slander laws. But it would rebalance the scale of justice in favor of the voter, not the state.

Other reforms are in reach even without a new amendment. A lack of registration locks out tens of millions of potential voters. The opportunity to register when showing up to vote and automatic enrollment when applying for or renewing a driver’s license or applying for government services, could substantially reduce this barrier. Other reforms with the potential to expand turnout and improve the conduct of elections include a restoration of Justice Department preclearance, elimination of felon disenfranchisement, and federal aid for upgrading voting technology and protecting the vote from manipulation by the Russians or another malevolent foreign power.

The Embattled Vote optimistically concludes that America can reclaim her place in the front ranks of the world’s democracies. Simple, practical reforms are within reach to enhance access to the vote in America, end discriminatory practices, and help assure that people’s vote will count effectively in the election of public officials. But change will come only if the American people demand it. America needs the kind of concerted grassroots action that led to enactment of the Voting Rights Act.

Editor: Judi Pajo
August 21, 2019

Allan J. Lichtman The Embattled Vote in America: From the Founding to the Present Harvard University Press336 pages, 5 1/2 x 8 1/4 inches ISBN 978 0674972360

Library of Congress. American Memory.

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