The Constitution's Voting Mentions: A Surprising Number

The US Constitution does not explicitly mention voting or a right to vote. Instead, it gives individual states the power to determine who is eligible to vote. The right to vote is protected by the Equal Protection Clause, and the Elections Clause gives Congress and the federal government the power to determine the Times, Places, and Manner of congressional elections. Since the Constitution came into effect, several amendments have been added to expand voting rights, including the 15th Amendment, which prohibits restricting the right to vote due to race, and the 19th Amendment, which prohibits denying the right to vote based on sex.

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Voting rights are not explicitly mentioned in the original text of the US Constitution

In the early history of the US, some states allowed only white male adult property owners to vote, while others did not specify race or protected the rights of men of any race to vote. Women were largely prohibited from voting, as were men without property. However, in some states, including New Jersey, women could vote provided they met the property requirement.

Following the abolition of slavery and a growing push to extend voting rights, a series of constitutional amendments were added to protect the right to vote. The 15th Amendment (1870) prohibited the restriction of the right to vote due to race, and the 19th Amendment (1920) extended voting rights to women. The 26th Amendment (1971) lowered the voting age to 18, and the 24th Amendment (1964) banned poll taxes, which had been used to prevent low-income citizens from voting.

While the original Constitution does not explicitly mention voting rights, it does give Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections through the Elections Clause. This power has been used to establish a single national Election Day and mandate single-member congressional districts.

Federal laws also govern voting rights and make it easier for citizens to vote. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group, and required certain places to provide election materials in languages other than English. The Help America Vote Act (HAVA) of 2002 authorized federal funding of elections and created the US Election Assistance Commission (EAC) to help states comply with HAVA standards on voter education, registration, and ballots.

Amendments to the Constitution extended voting rights in the 19th and 20th centuries

The original US Constitution, which came into effect on March 9, 1789, did not explicitly define who was eligible to vote, leaving it to the states to determine eligibility. In the early history of the US, some states allowed only white male adult property owners to vote, while others did not specify race or protected the rights of men of any race to vote. Women were largely prohibited from voting, as were men without property.

However, Amendments to the Constitution in the 19th and 20th centuries extended voting rights to new groups of citizens. The 15th Amendment (1870) extended voting rights to men of all races, prohibiting the government from denying a citizen the right to vote based on "race, colour, or previous condition of servitude". The 19th Amendment (1920) prohibited states from denying the vote based on sex, granting women the right to vote. The 24th Amendment (1964) removed barriers to voting by prohibiting poll taxes, which often prevented low-income citizens of all races from voting. The Voting Rights Act of 1965 further secured voting rights for adult citizens of all races and genders by enforcing these amendments through federal laws.

In addition to these amendments, the 14th Amendment granted citizenship to all persons born or naturalized in the US, guaranteeing that rights of citizenship, like voting, could not be restricted by the states. The 17th Amendment required states to elect senators by popular vote. The 26th Amendment (1971) extended the right to vote to everyone aged 18 and older.

While the original Constitution did not explicitly mention the right to vote, Amendments adopted following the Civil War and during the civil rights movement have expanded and protected this right for new groups of citizens.

The 15th Amendment (1870) prohibits restricting the right to vote due to race

The right to vote in the United States has been a contentious issue throughout the country's history. Surprisingly, the original text of the US Constitution does not explicitly mention a right to vote for citizens. Instead, it states that anyone eligible to vote for the largest house of a state legislature is also eligible to vote for members of the House of Representatives from that state. The Constitution gave states the responsibility of overseeing federal elections, allowing each state to determine voter eligibility. Consequently, early voting laws varied significantly across states, with some restricting voting rights to white male adult property owners, while others did not specify race or protected the rights of men regardless of race.

The 15th Amendment, ratified in 1870, was a significant step towards racial equality in voting rights. It prohibits the restriction of voting rights based on race, colour, or previous conditions of servitude. This amendment ensured that African American men gained the right to vote, although many were still unable to exercise this right due to discriminatory practices such as literacy tests and other barriers. The 15th Amendment was a response to reports of continuing discriminatory voting practices in many Southern states, with President Lyndon B. Johnson urging Congress in 1965 to pass legislation to uphold this amendment.

The 15th Amendment was one of several post-Civil War constitutional amendments aimed at extending voting rights to different groups of citizens. This included the 14th Amendment, which granted citizenship and voting rights regardless of race, and the 19th Amendment, which extended voting rights to women. Despite these amendments, the struggle for equal voting rights continued, with Jim Crow laws and poll taxes being used to disenfranchise African Americans and low-income citizens.

The federal government has gradually increased its role in elections to protect voting rights. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group, and required certain places to provide election materials in languages other than English. The National Voter Registration Act (NVRA) of 1993 also created new ways to register to vote. These laws and amendments demonstrate the ongoing efforts to ensure that all eligible citizens can exercise their voting rights without discrimination.

While the US Constitution may not explicitly mention a right to vote, it provides a framework for ensuring fair and inclusive elections. Amendments and federal laws have expanded and protected voting rights over time, addressing issues of racial discrimination and inequality. The 15th Amendment, in particular, was a pivotal moment in recognising the voting rights of all citizens, regardless of race, and continues to be a cornerstone of democratic participation in the United States.

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The 19th Amendment (1920) gave women the right to vote

Voting is mentioned in the US Constitution at least 15 times, including in various amendments. The 19th Amendment, passed in 1920, was one such amendment that extended voting rights to women.

The 19th Amendment was the result of a long and arduous campaign for women's suffrage that began in the mid-19th century. The movement involved several generations of women's rights activists who employed a variety of strategies to achieve their goal. These included lecturing, writing, marching, lobbying, and even civil disobedience. The first women's suffrage amendment was introduced in Congress in 1878 but was rejected in 1887. Despite this setback, activists continued to push for change, and by the late 19th century, several western states had granted women the right to vote.

In 1916, the various suffrage organizations united behind the goal of a constitutional amendment. On May 21, 1919, the House of Representatives passed the amendment, and two weeks later, on June 4, the Senate followed suit. The amendment then went to the states for ratification, requiring the agreement of three-fourths of the states. On August 18, 1920, Tennessee became the 36th state to ratify the amendment, and Secretary of State Bainbridge Colby certified the ratification on August 26, 1920.

The 19th Amendment prohibits the United States and its states from denying any citizen the right to vote based on sex, effectively recognizing the right of women to vote. While the amendment was a significant milestone, it did not ensure full enfranchisement for all women. In practice, it only gave white women the right to vote, as Black women, Indigenous women, Asian American women, and women from other racial and ethnic minority groups continued to face discrimination and voter suppression. It wasn't until the Voting Rights Act of 1965 that crucial protections were extended to women of color, ensuring their right to vote regardless of race or ethnicity.

The 24th Amendment (1964) banned poll taxes, which prevented low-income citizens from voting

The 24th Amendment to the US Constitution, ratified on January 23, 1964, abolished poll taxes, which had been used to prevent poorer citizens from voting. The official text of the amendment is as follows:

> The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax. The Congress shall have the power to enforce this article by appropriate legislation.

Poll taxes were one of several methods used to restrict voting rights, particularly for African Americans, in the aftermath of the Civil War. In the late 19th century, states across the former Confederacy imposed laws that restricted the civil liberties of the newly freed African American population. Poll taxes were one such method, requiring voters to pay a fee to enter polling places and cast their ballots. This disproportionately affected African Americans in the Southern states, where poverty levels were higher, as well as poor white citizens.

The 15th Amendment, passed in 1870, prohibited the government from denying a citizen the right to vote based on that citizen's "race, colour, or previous condition of servitude". However, despite the 15th Amendment, several Southern states continued to use poll taxes and literacy tests to disenfranchise African-American men. This suppression persisted until 1962, at the peak of the Civil Rights Movement, when the 24th Amendment was enacted.

The 24th Amendment was introduced by Congress in August 1962, and ratified in January 1964, with Georgia unanimously voting in favour and Mississippi being the only Southern state to reject it.

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