The Black Vote: Post-Constitution Definition

The struggle for Black voting rights in the United States has been long and arduous. While the original U.S. Constitution did not define voting rights for citizens, it wasn't until the Fifteenth Amendment was ratified in 1870 that Black men were granted the right to vote. However, this did not ensure their ability to exercise this right, as they continued to face significant barriers and discrimination at the state and local levels. It took the Voting Rights Act of 1965, along with subsequent extensions and amendments, to truly secure and protect voting rights for Black Americans and other minority groups.

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The Fifteenth Amendment (1870)

The Fifteenth Amendment (Amendment XV) to the United States Constitution, ratified on February 3, 1870, prohibits the federal government and each state from denying or abridging a citizen's right to vote based on "race, color, or previous condition of servitude". The amendment was passed by Congress on February 26, 1869, and was certified as part of the Constitution on March 30, 1870, after facing strong opposition from Democrats. The Fifteenth Amendment extended voting rights to men of all races, effectively enfranchising African American men.

The Fifteenth Amendment was the third and final Reconstruction Amendment, following the Thirteenth and Fourteenth Amendments, which abolished slavery and guaranteed citizenship to African Americans, respectively. The Fifteenth Amendment was significant as it granted African American men the right to vote, a right they had been previously denied. This amendment was celebrated by African Americans, who referred to it as the nation's "second birth" and a "greater revolution than that of 1776".

Despite the progress made by the Fifteenth Amendment, African Americans continued to face significant obstacles to exercising their right to vote. State constitutions and laws, poll taxes, literacy tests, and intimidation tactics were used to prevent African Americans from voting. One notable obstacle was the ""grandfather clause", which restricted voting rights to men who were allowed to vote or whose ancestors were allowed to vote before a certain date, such as 1865 or 1867. This clause was used by states to disenfranchise African Americans as it relied on a time when African Americans did not have the right to vote.

To address these ongoing issues, Congress passed the Enforcement Acts in 1870-1871 to authorize the federal prosecution of groups like the Ku Klux Klan (KKK) who used paramilitary violence to prevent African Americans from voting. Additionally, the National Association for the Advancement of Colored People (NAACP) was formed to protect and expand the rights of African Americans, using legal action to challenge discriminatory laws, such as the ""grandfather clause" in Oklahoma's constitution.

The Fifteenth Amendment was a significant step forward in the struggle for racial equality in the United States, but it also highlighted the ongoing challenges and the need for continued efforts to protect and expand voting rights for all citizens.

Poll taxes and literacy tests

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 insufficient, as African Americans continued to be denied the right to vote through various means, including poll taxes and literacy tests.

Poll taxes were a financial barrier to voting, requiring citizens to pay a fee, often for multiple years, before being allowed to cast their vote. By the mid-19th century, most states had moved away from limiting voting rights based on property ownership or poll taxes. However, after the ratification of the Fifteenth Amendment, many states re-established poll taxes specifically to limit Black voter registration and turnout. This measure disproportionately affected African Americans, as they made up a significant portion of the poorest population in states like Mississippi. While the re-establishment of poll taxes primarily targeted Black voters, it also impacted all individuals with limited financial means.

Literacy tests were another tool used to disenfranchise African Americans. These tests required individuals to read and explain a section of the state constitution to the county clerk, who was always white and had the sole discretion to determine an individual's literacy. Literacy tests were applied unfairly, with white applicants being given simple sentences to explain while Black applicants were given complex technical passages, ensuring their failure. This method effectively excluded the majority of Black men from voting, as approximately 60% of voting-age Black men at the time were ex-slaves who could not read.

The combination of poll taxes and literacy tests, along with other discriminatory practices, successfully reduced Black voter participation. It wasn't until the passage of the Twenty-fourth Amendment in 1964 that poll taxes in federal elections were officially abolished. The Voting Rights Act of 1965 further addressed these injustices by suspending literacy tests and other discriminatory voting practices in states and counties that showed evidence of voter discrimination. This legislation also authorized federal examiners to register voters and observe elections, ensuring fairer voting practices.

State constitutions and laws

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 did not translate into the ability to vote for Black Americans, as they were still denied the right to vote by state constitutions and laws.

Former Confederate states also passed Jim Crow laws and amendments to disfranchise Black voters through poll taxes, literacy tests, and other discriminatory restrictions. Literacy tests for voting were written into the laws of former Confederate states, serving as another tool to prevent Black Americans from voting. Poll taxes were also used as a deterrent to voting, with some states requiring the payment of a poll tax to vote. These poll taxes were often unaffordable for many Black citizens, effectively denying them the right to vote.

In addition to "grandfather clauses", poll taxes, and literacy tests, state constitutions and laws also employed intimidation and fraud to restrict the voting rights of Black citizens. White supremacist groups and individuals often used intimidation tactics to prevent Black voters from casting their ballots. Furthermore, fraud was used to manipulate election results and disenfranchise Black voters.

It was not until the passage of the Voting Rights Act of 1965 that federal enforcement was implemented to remove literacy tests, poll taxes, and other tools used to prevent African Americans from voting. The Act also authorized federal supervision of voter registration where necessary and prevented states from changing voting requirements or district boundaries without federal review. The Supreme Court further ruled in 1966 that poll taxes were unconstitutional for all elections, both federal and state.

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The Voting Rights Act of 1965

The Act sought to secure the right to vote for racial minorities, especially in the South, where African Americans faced tremendous obstacles to voting, including literacy tests, poll taxes, and other bureaucratic restrictions. They also risked harassment, intimidation, economic reprisals, and physical violence when they tried to register or vote. The Act provided federal enforcement to remove these discriminatory voting practices, and under the law, federal officials were appointed to register voters and observe elections. It also prevented states from changing voting requirements or district boundaries without federal review.

The push for voting rights was led by civil rights organizations such as the Student Nonviolent Coordinating Committee (SNCC), the Congress of Racial Equality (CORE), the Southern Christian Leadership Conference (SCLC), and the National Association for the Advancement of Colored People (NAACP), as well as activists like Rev. Dr. Martin Luther King, Jr., John Lewis, and Diane Nash, among others. In 1963, SNCC organized Freedom Vote, a mock election among southern Black people designed to encourage them to register to vote. The following year, the Council of Federated Organizations (COFO) coordinated the Freedom Summer Project, which worked to register Black people in Mississippi to vote, with the help of local activists and over one thousand college student volunteers.

The struggle for equality

One such method was the use of ""grandfather clauses," which restricted voting rights to those whose male ancestors had been allowed to vote before a certain date, typically before 1867. This effectively disenfranchised African Americans, as they had not been allowed to vote prior to the Fifteenth Amendment. Literacy tests, poll taxes, intimidation, and fraud were also employed to prevent Black Americans from exercising their right to vote.

Activists and organizations such as the Student Nonviolent Coordinating Committee (SNCC), the Congress of Racial Equality (CORE), the National Association for the Advancement of Colored People (NAACP), and prominent leaders like Rev. Dr. Martin Luther King, Jr. led the push for voting rights. Their efforts resulted in significant milestones, including the Voting Rights Act of 1965, which provided federal enforcement to remove literacy tests, poll taxes, and other barriers to voting.

Despite these advancements, the struggle for equality continued. In 1966, the U.S. Supreme Court ruled that poll taxes were unconstitutional for all elections, and the Voting Rights Act was extended multiple times to address remaining deterrents to voting. The Twenty-fourth Amendment (ratified in 1964) and the Twenty-sixth Amendment further secured voting rights by prohibiting poll taxes and granting voting rights to adults aged 18 and above, respectively.

The journey toward equality in voting rights for Black Americans has been marked by both progress and setbacks. While legal barriers to voting have been largely removed, the legacy of discrimination and the ongoing work towards ensuring equal access to the vote continue.

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