Malcolm Rivera
The Twenty-sixth Amendment to the US Constitution, ratified on July 1, 1971, lowered the voting age from 21 to 18 for all Americans. The Amendment was passed by Congress and ratified by the requisite three-quarters of state legislatures, becoming part of the Constitution. The drive to lower the voting age was driven by the military draft during the Vietnam War, with young men as young as 18 being conscripted to fight for their country but not having a legal say in the government's decision to wage war. This led to the emergence of a youth voting rights movement, with the slogan old enough to fight, old enough to vote. While some states, such as Georgia, had lowered the voting age to 18 for state and local elections prior to the Amendment, it was not until the Twenty-sixth Amendment that the voting age was uniformly lowered at the federal level.
| Characteristics | Values |
|---|---|
| Name of Amendment | Twenty-Sixth Amendment |
| Date of Ratification | July 1, 1971 |
| Voting Age Before Amendment | 21 |
| Voting Age After Amendment | 18 |
| Voting Age Reduction Efforts | Youth voting rights movement, public officials, President Richard Nixon, President Dwight D. Eisenhower, and others |
| Legal Challenges | Oregon v. Mitchell (1970) |
| Legal Challenge Outcome | Congress could not lower the voting age for state and local elections |
| Number of States Refusing to Lower Voting Age | 17 |
| Impact on Youth Voter Turnout | Unprecedented levels of youth voter turnout in recent elections |
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What You'll Learn
The Twenty-Sixth Amendment
The drive to lower the voting age from 21 to 18 gained momentum across the country during the 1960s. This was driven in part by the military draft held during the Vietnam War, which conscripted young men between the ages of 18 and 21 to serve in the US Armed Forces and potentially fight and die for their nation. These citizens, however, were unable to have a legal say in the government's decision to wage that war until the age of 21. This led to the emergence of a youth rights movement, with proponents of lowering the voting age adopting the slogan "old enough to fight, old enough to vote".
Before the Twenty-Sixth Amendment, states had the authority to set their own minimum voting ages, with 21 being the national standard. The Twenty-Sixth Amendment faced a few legal challenges in the decades since its ratification, with arguments ranging from the representation of out-of-town college students at the polls to the validity of voter identification laws.
The Amendment was passed faster than any other constitutional amendment, but about 17 states refused to pass measures to lower their minimum voting ages after Nixon signed the 1970 extension to the Voting Rights Act. Opponents questioned the maturity and responsibility of 18-year-olds, arguing that they lacked the "good judgment" essential to good citizenship.
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Youth voting rights movement
The Youth Voting Rights Movement has been a powerful force in American politics for decades. The movement to lower the voting age from 21 to 18 gained momentum in the 1940s, with the earliest calls for change endorsed by First Lady Eleanor Roosevelt. However, it was in the 1960s that the movement truly took off, driven in large part by the military draft for the Vietnam War. Young men between the ages of 18 and 21 were being conscripted to fight and possibly die for their country, yet they were not allowed to vote until the age of 21. This discrepancy led to the emergence of a youth rights movement, with the slogan "old enough to fight, old enough to vote".
The movement gained widespread public support, and in 1970, President Richard Nixon added a provision to lower the voting age to 18 in the extensions of the Voting Rights Act. However, this was challenged in the Supreme Court case of Oregon v. Mitchell, where it was ruled that Congress could only lower the voting age for federal elections, not state or local ones. In response, Congress quickly proposed the Twenty-sixth Amendment, which was ratified on July 1, 1971, lowering the voting age to 18 for all Americans.
In recent years, the youth vote has once again become a significant force in American politics. Millennials and Gen Z will make up 44% of eligible voters in 2024, giving them enormous power to influence election outcomes. Young people have built powerful advocacy movements around issues such as racism, police brutality, climate change, and gun violence. The Youth Voting Rights Act, introduced in 2022 by Senator Elizabeth Warren and Representative Nikema Williams, aims to expand youth voting access nationwide by removing barriers such as restrictive residency and voter ID requirements. The bill has been endorsed by a wide range of democracy and youth organizations, demonstrating the continued strength and importance of the youth voting rights movement in America.
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Supreme Court decision
The Twenty-sixth Amendment to the United States Constitution, ratified on July 1, 1971, lowered the minimum voting age from 21 to 18. This was a direct result of the Supreme Court decision in Oregon v. Mitchell (1970).
In the case of Oregon v. Mitchell, the Supreme Court considered whether the voting-age provisions added by Congress to the Voting Rights Act in 1970 were constitutional. The Court struck down the provisions that established 18 as the voting age in state and local elections. However, it upheld the provision that set the voting age at 18 for federal elections. This decision was based on the interpretation that Congress only had the power to set the minimum voting age in federal elections and not in state or local elections.
The Supreme Court's decision in Oregon v. Mitchell led to a period of confusion, as states were now required to maintain separate voter rolls for federal and state elections. This situation, along with the growing youth voting rights movement, prompted Congress to propose the Twenty-sixth Amendment, which was quickly ratified by the states.
The Twenty-sixth Amendment explicitly states that the right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or any state on account of age. This amendment ensured that all citizens aged 18 and above had the right to vote in any election, be it federal, state, or local.
While the Twenty-sixth Amendment addressed the issue of lowering the voting age to 18, it is important to note that the Supreme Court has not definitively interpreted this amendment. Lower courts have dealt with questions about its scope, including the standard of review for Twenty-sixth Amendment claims and whether a state can make voting easier for one adult age group without infringing on the rights of other age groups.
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State and local law
Before the Twenty-sixth Amendment, it was up to each state to decide on the voting age for their state's elections. In 1943, Georgia became the first state to lower the voting age to 18 in state and local elections. However, the state also implemented Jim Crow laws, which meant that only white youth could vote.
In 1970, President Richard Nixon added a provision to lower the voting age in the extensions of the Voting Rights Act. This was challenged in Oregon v. Mitchell, where the Supreme Court determined that Congress could lower the voting age for federal elections but not for state elections. Recognizing the confusion and costs of maintaining separate voting rolls and elections for federal and state contests, Congress quickly proposed the Twenty-sixth Amendment, which was ratified on July 1, 1971.
The Twenty-sixth Amendment lowered the voting age for all Americans to 18, changing a portion of the 14th Amendment, which had established protections for the right to vote for male citizens aged 21 and older. The Amendment states that the right of US citizens aged 18 or older to vote shall not be denied or abridged by the United States or any state on account of age.
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Constitutional criteria
The Twenty-sixth Amendment to the United States Constitution, which was passed in 1971, changed a portion of the Fourteenth Amendment and lowered the voting age from 21 to 18. The text of the amendment is as follows:
> The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. The Congress shall have power to enforce this article by appropriate legislation.
The Twenty-sixth Amendment was passed by Congress on March 23, 1971, and ratified on July 1, 1971. The amendment was proposed and passed by both chambers of Congress, with the Senate voting 94–0 in favour of the amendment, and the House of Representatives voting 401–19 in favour. The amendment was then sent to the state legislatures for ratification, with 38 states ratifying it, and it officially went into effect on July 1, 1971.
The drive to lower the voting age from 21 to 18 grew across the country during the 1960s and was driven in part by the military draft held during the Vietnam War. Young men between the ages of 18 and 21 were being conscripted into the military and sent to fight and possibly die for their nation, yet they were not allowed to vote until the age of 21. This discrepancy led to the emergence of a youth voting rights movement, with the slogan "old enough to fight, old enough to vote".
The Twenty-sixth Amendment has faced a few legal challenges since its ratification, with arguments ranging from the representation of college students from out-of-town at the polls to the validity of voter identification laws under the amendment. However, overall the amendment has been successful in lowering the voting age and increasing youth voter turnout in recent elections.
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Frequently asked questions
The voting age was 21.
The 26th Amendment lowered the voting age to 18 and states that "the right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age".
The Supreme Court ruled that Congress could not lower the voting age for state and local elections, but could for federal elections.
The 26th Amendment ensured that the minimum voting age could not be higher than 18 for all elections.
