Malcolm Rivera
Maine's constitution was first adopted in 1820, making it the 23rd state in the Union. The constitution has been amended many times since 1820, and has been re-codified every 10 years beginning in the late 19th century. The original U.S. Constitution did not define voting rights for citizens, and until 1870, only white men were allowed to vote. The Fifteenth Amendment (ratified in 1870) extended voting rights to men of all races. However, this amendment was not enough to grant voting rights to African Americans, as they were still denied the right to vote by state constitutions and laws, poll taxes, literacy tests, the grandfather clause, and outright intimidation.
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What You'll Learn
Maine's constitution was first adopted in 1820
Maine's constitution was first drafted in 1819 and adopted in 1820, making it the 23rd state in the Union. The constitution was written over a three-week period by a convention of 210 delegates during the statehood movement following the Revolutionary War. It was approved by all delegates to the Maine constitutional convention, held in October 1819 in Portland, Maine.
The constitution's first section states: "All people are born equally free and independent, and have certain natural, inherent and unalienable rights." This is similar to the Massachusetts Constitution of 1780, which used the phrase "born free and equal" as the basis for abolishing slavery in that state in 1820. Maine's constitution also did not recognise slavery, and this was part of the reason it was approved by Congress on March 4, 1820, as part of the Missouri Compromise.
The Maine Constitution has been amended many times since its adoption in 1820 and has been recodified every 10 years, beginning in the late 19th century. Amendments can be made through the legislative process or a state constitutional convention. A two-thirds majority (66.67%) vote is required during one legislative session for the Maine State Legislature to place a constitutional amendment on the ballot.
While Maine's original constitution emphasised freedom and equality, the early 19th century was a time when voting rights were restricted in many states. Only a few states allowed free Black men to vote, and these often had property or tax-paying requirements in place. For example, in 1821, New York held a constitutional convention that required "persons of colour" to own $250 worth of property in order to vote.
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The constitution was written over three weeks in 1819
The constitution of Maine, drafted in 1819, was the product of a three-week-long convention that began on the 20th of July and concluded on the 10th of August. This gathering, which took place in Portland, involved 222 elected delegates who were tasked with shaping the future of the state, which was soon to be admitted to the Union. At the time, Maine was still a part of Massachusetts, and the convention's primary objective was to establish a framework for an independent Maine.
The delegates, representing various towns and cities across what would become Maine, engaged in spirited debates and discussions to outline the principles, rights, and structures of the new state. They addressed a range of issues, from the distribution of power among the branches of government to the protection of individual liberties. The resulting document, crafted in a relatively short time, reflected the values and aspirations of the people of Maine as they prepared for statehood.
Among the topics considered by the delegates was the matter of suffrage, specifically who should be granted the right to vote. This was a contentious issue, as it had been a subject of debate in the United States since its founding. The delegates at the Maine Constitutional Convention ultimately decided to extend suffrage to white males who met certain property and residency requirements. This decision aligned with the voting laws in place in most other states at the time.
Notably, the original Maine Constitution did not explicitly mention the voting rights of Black individuals. This omission effectively excluded them from the franchise, as they were not included within the definition of "white males." This reflected the prevailing sentiments of the time, as racial biases and discrimination were prevalent in the early 19th century. The lack of explicit inclusion of Black voters in the constitution meant that the right to vote was effectively restricted to white males only.
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The constitution was amended many times since 1820
The Maine Constitution, which was first adopted in 1820, has been amended many times since then. The constitution was written over a three-week period in 1819 by a convention of delegates during the statehood movement following the Revolutionary War. It was approved by all 210 delegates to the Maine constitutional convention, held in October 1819 in Portland, Maine. The state was then accepted into the Union in 1820 as the 23rd state, with the 1819 constitution as its fundamental governing document.
The Maine Constitution may be amended in two ways: through the legislative process or a state constitutional convention. A two-thirds majority (66.67%) vote is required during one legislative session for the Maine State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 101 votes in the Maine House of Representatives and 24 votes in the Maine State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
The most recent amendments to the Maine Constitution were approved by voters on November 7, 2023, when Section 7 was repealed by a statewide ballot measure. The constitution has been re-codified every 10 years, beginning in the late 19th century.
The Maine Constitution, in its original form, did not recognize slavery. The first section of the constitution states: "All people are born equally free and independent, and have certain natural, inherent and unalienable rights." This is similar to the Massachusetts Constitution of 1780, which used the phrase "born free and equal" as the basis for the abolition of slavery in that state in 1820.
While the Maine Constitution granted voting rights to all free people, regardless of race, the reality of voting rights in the United States during the 19th century was more complex. The Constitution of the United States recognized that states had the power to set voting requirements, and while a few states allowed free Black men to vote, others did not. Additionally, economic and social factors influenced voting rights, with property and tax-paying requirements also impacting who could vote.
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![Remarks on the Constitution of Maine, by an Elector 1834 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
The Fifteenth Amendment prevents states from denying votes based on race
The Fifteenth Amendment to the United States Constitution explicitly prevents states from denying citizens the right to vote based on "race, color, or previous condition of servitude". The text of the Fifteenth Amendment underscores the importance of ensuring that all citizens, regardless of their racial background or history of enslavement, have an equal opportunity to participate in the democratic process.
While the Fifteenth Amendment guarantees the right to vote regardless of race, the history of voting rights in the United States reveals a complex and often discriminatory landscape. Before the adoption of the Fifteenth Amendment, the Constitution of the United States recognised that individual states had the power to set their own voting requirements. Consequently, the expansion of voting rights varied across different states, with some states granting voting rights to free Black men, while others restricted suffrage to property-owning or tax-paying White males.
The state of Maine, which became the 23rd state in the Union in 1820, provides an illustrative example of the evolution of voting rights. Maine's original constitution, written in 1819, was influenced by the Massachusetts Constitution of 1780, which used the phrase "born free and equal" as the basis for abolishing slavery in that state in 1820. Maine's early commitment to equality and justice is reflected in the first section of its constitution, which states, "All people are born equally free and independent, and have certain natural, inherent and unalienable rights."
However, it is important to note that the expansion of voting rights in Maine and other states was not always linear or consistent. Despite constitutional provisions guaranteeing equality, discriminatory practices and legal loopholes often restricted the voting rights of racial minorities, particularly in former Confederate states during the post-Reconstruction era. It was not until the 20th century that many of these discriminatory laws were ruled unconstitutional, reflecting the ongoing struggle to ensure that the principles enshrined in the Fifteenth Amendment were upheld in practice.
In conclusion, the Fifteenth Amendment to the United States Constitution serves as a cornerstone of democratic equality, explicitly prohibiting states from denying citizens the right to vote based on race. While the original constitutions of states like Maine laid the foundation for justice and equality, the ongoing struggle for voting rights highlights the importance of vigilant protection and expansion of voting rights for all citizens, regardless of race or background.
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The right to vote was not always a right of citizenship
Maine's original constitution, written in 1819 and approved by voters the same year, did not specifically address voting rights for Black citizens. The constitution was approved by all 210 delegates to the Maine Constitutional Convention and became the fundamental governing document for the state when it was admitted to the Union in 1820. Maine's early history as a state focused on issues such as religious freedom and separation from Massachusetts, rather than explicitly addressing voting rights for specific groups.
It is important to note that the right to vote for Black Americans and other racial minorities was often restricted or denied through various means, even when not explicitly stated in state constitutions. For example, during the Reconstruction era, former Confederate states passed Jim Crow laws and amendments that effectively disenfranchised African Americans and poor white voters through poll taxes, literacy tests, and other discriminatory restrictions. It was not until the passage of the Fifteenth Amendment to the US Constitution that states were prohibited from denying the right to vote based on "race, color, or previous condition of servitude."
The fight for suffrage in Maine was primarily led by wealthy women, with textile workers also joining the movement. Notable suffragists such as Susan B. Anthony and Lucy Stone campaigned in Maine, and in 1873, the Maine Woman Suffrage Association (MWSA) was formed. Despite their efforts, it was not until 1917 that the Maine legislature passed a state constitutional amendment granting women the right to vote. This victory was the result of relentless campaigning and increasing public support for women's suffrage, demonstrating the power of organized activism in shaping voting rights.
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Frequently asked questions
No, Maine's original constitution did not give blacks the vote. The Maine Constitution was written in 1819 and approved by voters the same year. It was then accepted into the Union in 1820 as the 23rd state. The constitution was based on the Massachusetts Constitution of 1780, which used the phrase "born free and equal", the basis for which slavery was abolished in that state in 1820. However, there is no mention of voting rights for blacks in the Maine Constitution.
Yes, blacks had the right to vote in some states during the 19th century. The Naturalization Act of 1790 allowed free white persons born outside of the United States to become citizens and, therefore, have the right to vote. Additionally, Vermont gave the right to vote to all men, regardless of color or property ownership. However, it is important to note that each state set its own requirements for voting, and many states restricted voting rights to property-owning or tax-paying white males.
The Fifteenth Amendment to the United States Constitution, which was passed in 1870, prevented states from denying the right to vote on grounds of "race, color, or previous condition of servitude". This amendment ensured that blacks had the right to vote and could not be discriminated against in voting based on their race or color.
