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8/10/2019 Blacks US Law

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status is not concerned, it is used to denote anyone. There was no property qualification, nor does the termappear to be racial.

It is most difficult to characterize the mushkenu exactly. The term in time came to mean "a beggar", andthat meaning has passed through Aramaic and Hebrew into many modern languages; but though the Codedoes not regard him as necessarily poor, he may have been landless. He was free but had to accept

monetary compensation for corporal injuries, paid smaller fees and fines, and even paid less offerings tothe gods. He inhabited a separate quarter of the city. There is no reason to regard him as speciallyconnected with the court, as a royal pensioner, nor as forming the bulk of the population.

The ardu was a slave, his master's chattel, and formed a very numerous class. He could acquire propertyand even own other slaves. His master clothed and fed him and paid his doctor's fees, but took allcompensation paid for injury done to him. His master usually found him a slave girl for a wife (thechildren were then born slaves), often set him up in a house (with farm or business) and simply took anannual rent of him. Otherwise, he might marry a free woman (the children were then free), who mightbring him a dower that his master could not touch, and at his death, one-half of his property passed to hismaster as his heir. He could acquire his freedom by purchase from his master, or might be freed anddedicated to a temple, or even adopted, when he became an amelu and not a mushkenu. Slaves were

recruited by purchase abroad, from captives taken in war, or by freemen degraded for debt or crime. Todetain or harbour a slave was punishable by death. So was aiding him to escape the city gates. A slavebore an identification mark, removable only by a surgical operation, that later consisted of his owner'sname tattooed or branded on the arm.

Ancient Egypt (3150 - 332 BC)The head of the legal system was officially the pharaoh, who was responsible for enacting laws,delivering justice, and maintaining law and order, a concept the ancient Egyptians referred to as Ma'at.Although no legal codes from ancient Egypt survive, court documents show that Egyptian law wasbased on a common-sense view of right and wrong that emphasized reaching agreements and resolvingconflicts rather than strictly adhering to a complicated set of statutes. Local councils of elders, known asKenbet in the New Kingdom, were responsible for ruling in court cases involving small claims and minor

disputes. More serious cases involving murder, major land transactions, and tomb robbery were referredto the Great Kenbet, over which the vizier or pharaoh presided. Plaintiffs and defendants were expected torepresent themselves and were required to swear an oath that they had told the truth. In some cases, thestate took on both the role of prosecutor and judge, and it could torture the accused with beatings to obtaina confession and the names of any co-conspirators. Whether the charges were trivial or serious, courtscribes documented the complaint, testimony, and verdict of the case for future reference.Punishment for minor crimes involved either imposition of fines, beatings, facial mutilation, or exile,depending on the severity of the offense. Serious crimes such as murder and tomb robbery were punishedby execution, carried out by decapitation, drowning, or impaling the criminal on a stake. Punishmentcould also be extended to the criminal's family. Beginning in the New Kingdom, oracles played a majorrole in the legal system, dispensing justice in both civil and criminal cases. The procedure was to ask thegod a "yes" or "no" question concerning the right or wrong of an issue. The god, carried by a number of

priests, rendered judgment by choosing one or the other, moving forward or backward, or pointing to oneof the answers written on a piece of papyrus or an ostracon.

Slaves were mainly obtained through prisoners of war. Other ways people could become slaves was byinheriting the status from their parents. One could also become a slave on account of his inability to payhis debts. Slavery was the direct result of poverty. People also sold themselves into slavery because theywere poor peasants and needed food and shelter. The lives of slaves were normally better than that ofpeasants. Slaves only attempted escape when their treatment was unusually harsh. For many, being aslave in Egypt made them better off than a freeman elsewhere. Slaves had rights to protect them. Young


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slaves could not be put to hard work, and had to be brought up by the mistress of the household. Not allslaves went to houses. Some also sold themselves to temples, or were assigned to temples by the king.Slave trading was not very popular until later in Ancient Egypt. Afterwards, slave trades sprang up allover Egypt. However, there was barely any worldwide trade. Rather, individual dealers seem to haveapproached their customers personally. Only slaves with special traits were traded worldwide. Prices ofslaves changed with time. Slaves with a special skill were more valuable than those without one. Slaves

had plenty of jobs that they could be assigned to. Some had domestic jobs, like taking care of children,cooking, brewing, or cleaning. Some were gardeners of field hands in stables. They could be craftsmen oreven get a higher status, for example, if they could write, they could become a manager of the mastersestate. Captive slaves were mostly assigned to the temples or king, and they had to do manual labor. Theworst thing that could happen to a slave was being assigned to the quarries and mines. Private ownershipof slaves, captured in war and given by the king to their captor, certainly occurred at the beginning of theEighteenth Dynasty (15501295 BCE). Sales of slaves occurred in the Twenty-fifth Dynasty (732656BCE), and contracts of servitude survive from the Twenty-sixth Dynasty (c. 672525 BCE) and from thereign of Darius: apparently such a contract then required the consent of the slave.

Ancient Greece (800 BC - 500 AD)

No systematic collection of Greek laws has come down to us. Our knowledge of some of the earliest

notions of the subject is derived from the Homeric poems. For the details of Attic law we have to dependon ex parte statements in the speeches of the Attic orators, and we are sometimes able to check thosestatements by the trustworthy, but often imperfect, aid of inscriptions. Incidental illustrations of the lawsof Athens may be found in the Laws of Plato, who deals with the theory of the subject without exercisingany influence on actual practice. The Laws of Plato are criticized in the Politics of Aristotle, who, besidesdiscussing laws in their relation to constitutions, reviews the work of certain early Greek lawgivers. Thetreatise on the Constitution of Athens includes an account of the jurisdiction of the various public officialsand of the machinery of the law courts, and thus enables us to dispense with the second-hand testimony ofgrammarians and scholiasts who derived their information from that treatise (see Constitution of Athens).The works of Theophrastus On the Laws, which included a recapitulation of the laws of various barbaricas well as Grecian states, are now represented by only a few fragments

Both the leading states of Greece - Sparta and Athens - depend entirely upon forced labour, though thesystem in Sparta is more properly described as serfdom rather than slavery. The distinction is that thehelots of Sparta are a conquered people, living on their own hereditary land but forced to work it for theirSpartan masters. Their existence is a traditional rural one to which certain rights remain attached. Theslaves of Athens, by contrast, have no conventional rights. But their condition varies greatly according tothe work they do.

The most unfortunate Athenian slaves are the miners, who are driven often to the point of death by theirowners (the mines are state-owned but are leased to private managers). By contrast other categories ofslaves - particularly those owned directly by the state, such as the 300 Scythian archers who provide thepolice force of Athens - can acquire a certain prestige. The majority of Athenian slaves are domesticservants. Their fortune depends entirely on the relationship they develop with their owners. Often it is

close, with female slaves looking after the children or acting as concubines, or a male slave running thehousehold as a steward. No free Athenian works in a domestic capacity, for it is considered shameful tobe another man's servant. This inhibition applies equally to a subsidiary position in any form of business.As a result male slaves in Athens do all work of a secretarial or managerial nature, for in these contextsthey are unmistakably somebody else's personal assistant. Such jobs include positions of influence infields such as banking and commerce.


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Ancient Rome (449 BC - 529 AD)Roman law is the legal system of ancient Rome, and the legal developments spanning over a thousandyears of jurisprudence, from the 12 Tables (c. 449 BC), to the Corpus Juris Civilis(AD 529) ordered byEastern Roman emperor Justinian I. The historical importance of Roman law is reflected by the continueduse of Latin legal terminology in legal systems influenced by it. Roman law thus served as a basis forlegal practice throughout Western continental Europe, as well as in most former colonies of these

European nations, including Latin America, and also in Ethiopia. English and North American commonlaw were influenced also by Roman law, notably in their Latinate legal glossary.

The same loophole, offered by the self-esteem of free citizens, provides even greater opportunities toslaves in imperial Rome. The most privileged slaves are the secretarial staff of the emperor. But these arethe exception. In the two centuries before the beginning of the empire (the last two centuries BC) slavesare employed by Romans more widely than ever before and probably with greater brutality. In the minesthey are whipped into continuing effort by overseers; in the fields they work in chain gangs; in the publicarenas they are forced to engage in terrifying combat as gladiators. There are several slave uprisings inthese two centuries, the most famous of them led by Spartacus.

Slaves in the Middle Ages (500 - 1400)

In the period after the collapse of the Roman empire in the west, slavery continues in the countries aroundthe Mediterranean. But the slaves are employed almost exclusively in households, offices and armies. Thegang slavery characteristic of large Roman estates does not reappear until the tobacco and cottonplantations of colonial America (one notable exception is the salt mines of the Sahara). Nevertheless theslave trade thrives, and the Mediterranean is a natural focal point. More than anywhere else, theMediterranean provides the geographical and economic environment to encourage a slave trade. Civilizedregions surround the central sea. To the north and south stretch vast areas populated by relativelyunsophisticated tribes. Border warfare results in tribal captives being enslaved. In addition to this, marketforces encourage the tribes to seize prisoners of their own to service a developing slave trade.

During the eastward expansion of the Germans in the 10th century so many Slavs are captured that

their racial name becomes the generic term for a 'slave'. At the same period the delivery of slaves to

the Black Sea region is an important part of the early economy of Russia.

South of the Mediterranean, the dynasties of Arabs along the coast stimulate an African slave trade. Thetown of Zawila develops in the Sahara in about700 specifically as a trading station for slaves. Captured inthe region around Lake Chad, they are sold to Arab households in a Muslim world which by the 8thcentury stretches from Spain to Persia. Slavery is an accepted part of life in Arabia during the time ofMuhammad, in the 7th century, and the Qur'an offers no arguments against the practice. It merely states,particularly in relation to female slaves, that they must be well treated. In general that has been the case,compared with the barbaric treatment of slaves in some Christian communities.

The Christian Gospels make no specific mention of slavery, though slaves may be expected to benefitfrom the general bias in favour of the poor and the oppressed. During the early Middle Ages the

missionaries and bishops of the Roman Catholic church argue against the ownership of slaves in theemerging dynasties of northern Europe. At first they make little headway. But gradually slaverydisappears in western European countries - largely replaced by the serfdom of the feudal manor.

The Portuguese Slave Trade (1441 - 1640)The Portuguese expeditions of the 15th century bring European ships for the first time into regular contactwith sub-Saharan Africa. This region has long been the source of slaves for the route through the Saharato the Mediterranean. The arrival of the Portuguese opens up another channel.


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Nature even provides a new collection point for this human cargo. The volcanic Cape Verde Islands, withtheir rocky and forbidding coastlines, are uninhabited. But they contain lush tropical valleys. And they arewell placed on the sea routes between West Africa, Europe and America. Portuguese settlers move intothe Cape Verde islands in about 1460. In 1466 they are given an economic advantage which guaranteestheir prosperity. They are granted a monopoly of a new slave trade. On the coast of Guinea the Portugueseare now setting up trading stations to buy captive Africans. Some of these slaves are used to work the

settlers' estates in the Cape Verde islands. Others are sent north for sale in Madeira, or in Portugal andSpain - where Seville now becomes an important market. Africans have been imported by this sea routeinto Europe since at least 1444, when one of Henry the Navigator's expeditions returns with slavesexchanged for Moorish prisoners.

The labour of the slaves in the Cape Verde Islands primes a profitable trade with the African region whichbecomes known as Portuguese Guinea or the Slave Coast. The slaves work in the Cape Verde plantations,growing cotton and indigo in the fertile valleys. They are also employed in weaving and dying factories,where these commodities are transformed into cloth. The cloth is exchanged in Guinea for slaves. Andthe slaves are sold for cash to the slaving ships which pay regular visits to the Cape Verde Islands.

This African trade, together with the prosperity of the Cape Verde Islands, expands greatly with the

development of labour-intensive plantations growing sugar, cotton and tobacco in the Caribbean andAmerica. The Portuguese enforce a monopoly of the transport of African slaves to their own colony ofBrazil. But other nations with transatlantic interests soon become the main visitors to the Slave Coast.

First Slaves in US (1619)Although they knew about Spanish and Portuguese slave trading, the British did not conceive of usingslave labor in the Americas until the 17th century. British travelers were fascinated by the dark-skinnedpeople they found in West Africa, and sought to create mythologies that situated these new human beingsin their view of the cosmos.

The first Africans to arrive in England came voluntarily with John Lok (an ancestor of the famousphilosopher John Locke) in 1555. Lok intended to teach them English in order to facilitate trading of

material goods. This model gave way to a slave trade initiated by John Hawkins, who captured 300Africans and sold them to the Spanish. Blacks in England were subordinate but did not have the legalstatus of chattel slaves. In 1607, England established Jamestown as its first permanent colony on theNorth American continent. Tobacco became the chief crop of the colony, due to the efforts of John Rolfein 1611. Once it became clear that tobacco was going to drive the Jamestown colony, more labor wasneeded. The British aristocracy needed to find a labor force to work on its plantations in the Americas.The major possibilities were indentured servants from Britain, native Americans, and West Africans.Towards indigenous Americans, the English entertained two lines of thought simultaneously. Becausethese people were lighter skinned, they were seen as more European and therefore as candidates forcivilization. At the same time, because they were occupying the land desired by the colonial powers, theywere from the beginning, targets of a potential military campaign.

At first, indentured servants were used as the needed labor. These servants provided up to seven years ofservice in exchange for having their trip to Jamestown paid for by someone in Jamestown. Once the sevenyears was over, the indentured servant was free to live in Jamestown as a regular citizen. However,colonists began to see indentured servants as too costly, and in 1619, Dutch traders brought the firstAfrican slaves to Jamestown.


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Triangular Slave Trade (1700)The triangular trade has an economic elegance most attractive to the owners of the slave ships. Each ofthe three separate journeys making up an expedition is profitable in its own right, with only the 'middlevoyage' across the Atlantic involving slaves as cargo.

Ships depart from Liverpool or Bristol with items in demand in west Africa - these include firearms,

alcohol (particularly rum), cotton goods, metal trinkets and beads. The goods are eagerly awaited bytraders in ports around the Gulf of Guinea. These traders have slaves on offer, captured in the Africaninterior and now awaiting transport to America. With the first exchange of merchandise completed, theslaves are packed into the vessels in appalling conditions for the Atlantic crossing. They are crammedbelow decks, shackled, badly fed and terrified. It is estimated that as many as twelve million Africans areembarked on this journey during the course of the Atlantic slave trade, and that one in six dies beforereaching the West Indies - where the main slave markets on the American side of the ocean are located.

Great Law of Peace (1720)The Iroquois (native americans) nations' political confederacy and democratic government under theGreat Law of Peace have been credited as influences on the Articles of Confederation and the UnitedStates Constitution. In October 1988, the U.S. Congress passed Concurrent Resolution 331 to recognize

the influence of the Iroquois Constitution upon the American Constitution and Bill of Rights.

Declaration of Independence (1776)Action of Second Continental Congress. The unanimous declaration of the 13 united States of America.Part of the Declaration reads "We hold these Truths to be self-evident, that all Men are created equal, thatthey are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, andthe Pursuit of HappinessThat to secure these Rights, Governments are instituted among Men, derivingtheir just Powers from the Consent of the Governed....(in part).

U.S. Constitution (1789)Seven original articles:

Article OneEstablishes the legislative branch of the federal government, the Congress. The Congress is a bicamerallegislature consisting of a House of Representatives and a Senate. The Supreme Court has interpreted theCommerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enactlegislation that is neither expressly listed in the enumerated power nor expressly denied in the limitationson Congress.

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I,Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulateCommerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts andcommentators have tended to discuss each of these three areas of commerce as a separate power grantedto Congress.

Article TwoCreates the executive branch of the government, consisting of the President, the Vice President, and otherexecutive officers and staffers appointed by the President, including the Cabinet. Pursuant to Article Two,the executive power of the federal government is vested in the President.

Article ThreeEstablishes the judicial branch of the federal government. The judicial branch comprises the SupremeCourt of the United States and lower courts as created by Congress.


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Article FourOutlines the relationship between each state and the others, as well as between the several States and thefederal government.

Article FiveDescribes the process whereby the Constitution may be altered. Altering the Constitution consists of

proposing an amendment or amendments and subsequent ratification.

Article SixEstablishes the laws and treaties of the United States made in accordance with it as the supreme law of theland, forbids a religious test as a requirement for holding a governmental position and holds the UnitedStates under the Constitution responsible for debts incurred by the United States under the Articles ofConfederation.

Article SevenSets the number of state ratifications necessary in order for the Constitution to take effect and prescribesthe method through which the states may ratify it.Several distinction made between free persons and "other persons" which are as follows:

"Representatives and direct Taxes shall be apportioned among the several States which may beincluded within this Union, according to their respective Numbers, which shall be determined byadding to the whole Number of free Persons, including those bound to Service for a Term ofYears, and excluding Indians not taxed, three fifths of all other Persons".[slave wealth producing ability]

"No Person held to Service or Labour in one State, under the Laws thereof, escaping into another,shall, in Consequence of any Law or Regulation therein, be discharged from such Service orLabour, But shall be delivered up on Claim of the Party to whom such Service or Labour may bedue".

The Fugitive Slave Clause, also called the Fugitives From Labor Clause is the provision in ArticleFour of the United States Constitution, Section 2, Clause 3, that required a slave who flees toanother state to be returned to the owner in the state from which they escaped.

The Fugitive Slave Act of 1793An Act of the United States Congress to give effect to the Fugitive Slave Clause of the U.S. Constitutionguaranteed the right of a slaveholder to recover an escaped slave.

The Slave Trade Act of 1794

Law passed by the United States Congress that limited American involvement in the trade of humancargo, that is, U.S. citizen could not build a ship for purposes of and/or be involved with shipping slavesfrom U.S. to any other country.

Act Prohibiting Importation of Slaves of 1807

A US federal law that stated that no new slaves were permitted to be imported into the United States. ThisAct ended the legality of the U.S.-based transatlantic slave trade. However, it was not always wellenforced, and slavery itself continued in the US until the end of the Civil War.

The Fugitive Slave Law of 1850

The Act required that all escaped slaves were, upon capture, to be returned to their masters and thatofficials and citizens of free states had to cooperate in this law.


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Dred Scott Decision (1857)Supreme Court held that people of African descent imported into the United States and held as slaves (ortheir descendants, whether or not they were slaves) were not protected by the Constitution and couldnever be U.S. citizens. The court also held that the U.S. Congress had no authority to prohibit slavery infederal territories and that, because slaves were not citizens, they could not sue in court. Furthermore, theCourt ruled that slaves, as chattels or private property, could not be taken away from their owners without

due process.

Emancipation Proclamation (1863)The was a presidential proclamation issued by President Abraham Lincoln on January 1, 1863, as a warmeasure during the American Civil War, directed to all of the areas in rebellion and all segments of theExecutive branch (including the Army and Navy) of the United States. The proclamation was forfreedom of slaves in the ten states that were still in rebellion, thus applying to 3 million of the 4 millionslaves in the U.S. at the time. The Proclamation was based on the president's constitutional authority ascommander in chief of the armed forces; it was not a law passed by Congress. The Proclamation alsoordered that suitable persons among those freed could be enrolled into the paid service of United States'forces, and ordered the Union Army (and all segments of the Executive branch) to "recognize andmaintain the freedom of" the ex-slaves. The Proclamation did not compensate the owners, did not itself

outlaw slavery, and did not make the ex-slaves (called freedmen) citizens. It made the eradication ofslavery an explicit war goal, in addition to the goal of reuniting the Union. One of the definitions of the

word "emancipate" is to transfer ownership or transfer property.

13th Amendment (1865)Abolished slavery and involuntary servitude, except as punishment for a crime.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the partyshall have been duly convicted, shall exist within the United States, or any place subject to theirjurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Civil Rights Act (1866)First federal law to define US citizenship and granted citizenship and the same rights enjoyed by whitecitizens to all male persons in the United States "without distinction of race or color, or previouscondition of slavery or involuntary servitude." The rights granted are to make and enforce contracts, tosue, be parties, and give evidence, inherit, purchase, lease, sell, hold, and convey real and personalproperty, and to full and equal benefit of all laws and proceedings for the security of person and property,as is enjoyed by white citizens.

14th Amendment (1868)14th amendment, among other things, gave all persons born or naturalized in the United States, andsubject to the jurisdiction thereof, are citizens of the United States and of the State wherein they

reside...(in part). Note that the word "citizens" is not capitalized in the 14th Amendment but the word iscapitalized in the Consitution because it referred to citizen of a State or one of the 13 'States' of the Union.

There is a question as to whether the 14th amendment was properly ratified. According to the article inAlabama law journal (http://www.law.ua.edu/pubs/lrarticles/Volume%2053/Issue%202/Bryant.pdf)notproperly ratified. Also, 'natural rights' are not mentioned in the 14th amendment but is mentioned in theConstitution. So, the amendments did not provide for natural rights.
http://www.law.ua.edu/pubs/lrarticles/Volume%2053/Issue%202/Bryant.pdfhttp://www.law.ua.edu/pubs/lrarticles/Volume%2053/Issue%202/Bryant.pdfhttp://www.law.ua.edu/pubs/lrarticles/Volume%2053/Issue%202/Bryant.pdfhttp://www.law.ua.edu/pubs/lrarticles/Volume%2053/Issue%202/Bryant.pdf


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This Amendment transferred the rights of the 'slave' from individual slave owner to the Federal

Government.

U.S. v. Anthony (1873)The term resident and citizen of the United States is distinguished from a Citizen of one of the severalstates, in that the former is a special class of citizen CREATED by Congress. Even if 14th amendment

properly ratified, blacks would come under this definition of citizen unless not subject to jurisdiction. ACitiizen of a State, under Article IV, Section 2, Clause 1 of the Constitution is a citizen of the Union(States). A citizen of the United States, under Section 1, Clause 1 of the 14th Amendment, is a citizen ofthe District of Columbia, and the territories and possessions of the United States, as well as the federalenclaves within the several States.

Civil Rights Act (1875)This Act sometimes called Enforcement Act or Force Act, guaranteed African Americans equal treatmentin public accommodations, public transportation, and prohibited exclusion from jury service. TheSupreme Court decided the act was unconstitutional in 1883.

Plessy v. Ferguson (1896)

In Plessy v. Ferguson, the Supreme Court upheld a Louisiana law requiring restaurants, hotels, hospitals,and other public places to serve African Americans in separate, but ostensibly equal, accommodations. Inestablishing the separate but equal" doctrine, the Court said that segregation is "universally recognized aswithin the competency of states in the exercise of their police powers."

Civil Rights Act (1964)

This Act outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequalapplication of voter registration requirements and racial segregation in schools, at the workplace and byfacilities that served the general public (known as "public accommodations").

Title IBarred unequal application of voter registration requirements.

Title IIOutlawed discrimination based on race, color, religion or national origin in hotels, motels, restaurants,theaters, and all other public accommodations engaged in interstate commerce; exempted private clubswithout defining the term "private".

Title IIIProhibited state and municipal governments from denying access to public facilities on grounds of race,color, religion or national origin.

Title IVEncouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to

enforce said act.

Title VExpanded the Civil Rights Commission established by the earlier Civil Rights Act of 1957 with additionalpowers, rules and procedures.

Title VIPrevents discrimination by government agencies that receive federal funds. If an agency is found inviolation of Title VI, that agency may lose its federal funding.


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forth who is covered, originally expired in 1982. The provisions received a 25-year extension and anotherextension in 2006.

The Act also contains "special provisions" that apply to only certain jurisdictions. A core specialprovision is the Section 5 preclearance requirement, which prohibits certain jurisdictions fromimplementing any change affecting voting without first obtaining approval from the U.S. Attorney

General or the U.S. District Court for D.C. that the change does not discriminate against protectedminorities. Another special provision requires jurisdictions containing significant language minoritypopulations to provide bilingual ballots and other election materials.

Section 5 and most other special provisions apply to jurisdictions encompassed by the "coverage formula"prescribed in Section 4(b). The coverage formula was originally designed to encompass jurisdictions thatengaged in the most egregious voting discrimination in 1965, and Congress updated the formula in 1970and 1975. However, in Shelby County v. Holder (2013), the U.S. Supreme Court struck down thecoverage formula as unconstitutional, reasoning that it was no longer responsive to current conditions.The Court did not strike down Section 5, but without Section 4(b), no jurisdiction may be subject toSection 5 preclearance unless Congress enacts a new coverage formula.

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