John R. Lewis Voting Rights Advancement Act of 2025

Enumerated powers · passes

Congress has explicit authority under the Fifteenth Amendment, Section 2, to enforce the right to vote regardless of race, and under the Fourteenth Amendment, Section 5, to enforce equal protection. The bill is a valid exercise of these enforcement powers, as it aims to prevent racial discrimination in voting. The Supreme Court in Shelby County v. Holder (2013) affirmed that Congress retains the power to enact preclearance regimes, though the coverage formula must be based on current data. The bill's formula is a legislative judgment within Congress's enforcement authority.

Bill of Rights · passes · severity: minor

The bill does not directly infringe on the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments. It does not restrict speech, religion, assembly, or petition; it does not involve searches or seizures; it does not impose cruel punishment. The Tenth Amendment is implicated in the sense that it reserves powers to the states, but the bill is an exercise of Congress's enforcement powers under the Reconstruction Amendments, which are an exception to the Tenth Amendment. The bill's public notice requirements and preclearance process do not violate the Bill of Rights.

Individual liberty · passes

The bill does not restrict individual liberties; rather, it protects the individual right to vote, which is fundamental to sovereignty. It imposes obligations on states and political subdivisions, not on individuals. The requirement to notify the public of voting changes enhances individual awareness and participation. There is no restriction on personal property, speech, labor, or belief. The bill's provisions are aimed at ensuring that individuals can exercise their right to vote without discrimination.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test because it consolidates decision-making at the federal level. While states and localities can handle voting administration, the bill imposes federal preclearance and DOJ oversight, which is a higher level of government than necessary. The coverage formula and preclearance requirements are a federal mandate that overrides state and local control. This is a significant centralization of power, though it is justified by the need to enforce constitutional voting rights. The bill fails at least two questions: states could handle voting rights enforcement without federal involvement, and the bill consolidates upward.

Due process and takings · raises concerns · severity: significant

The bill raises due process concerns because it authorizes DOJ to require states and political subdivisions to provide documents or answer questions without specifying clear standards or procedural safeguards. This could lead to arbitrary enforcement and burden states without a fair hearing. The preclearance process itself may not provide adequate notice and opportunity to be heard before a voting change is blocked. While the bill outlines factors for courts to consider, the DOJ's document demands could bypass normal discovery procedures. This is a significant due process issue, though not a taking of property.