Isabella Carter
The U.S. Constitution does not explicitly guarantee the right to vote, but citizens do have a 'constitutionally protected right to participate in elections', which is protected by the Equal Protection Clause. This right has been protected by amendments adopted following the Civil War and legislation passed during the Civil Rights Movement. However, the U.S. Supreme Court's voting-rights scepticism and the Senate's failure to pass new voting legislation have weakened this authority.
| Characteristics | Values |
|---|---|
| Right to vote in the U.S. Constitution | Not explicitly mentioned |
| Right to vote in state constitutions | Explicitly mentioned in almost all |
| Right to vote in American Samoa | Must be on "good behaviour" for two years before enfranchisement |
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What You'll Learn
- The right to vote is not explicitly mentioned in the US Constitution
- Citizens have a constitutionally protected right to participate in elections
- Voting rights are protected by the Equal Protection Clause
- Voting rights can be protected by litigation under state constitutions
- Voting rights are protected by amendments adopted following the Civil War
The right to vote is not explicitly mentioned in the US Constitution
While citizens have a "constitutionally protected right to participate in elections", the right to vote is not explicitly mentioned in the US Constitution. In San Antonio School Dist. v. Rodriguez, the Court acknowledged that the right to vote did not come within its prescription that rights to be deemed fundamental must be explicitly or implicitly guaranteed in the Constitution.
The original Constitution doesn't have much to say about the right to vote. Instead, much of the government's authority to protect voting rights stems from amendments adopted following the Civil War and legislation passed during the Civil Rights Movement.
Voting rights cases are typically brought in federal court, but legal observers have suggested they could be brought in state courts instead. Almost all state constitutions contain an explicit right to vote.
Congress often does not use its power to enforce the existing Constitutional protections, and an amendment could require courts to do so more directly.
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Citizens have a constitutionally protected right to participate in elections
While the U.S. Constitution does not contain an explicit right to vote, citizens have a constitutionally protected right to participate in elections. This right is protected by the Equal Protection Clause, as acknowledged by the Court in Dunn v. Blumstein, 405 U.S. 330, 336 (1972). The franchise is the guardian of all other rights, as stated in Reynolds v. Sims, 377 U.S. 533, 562 (1964).
Despite the absence of an explicit right to vote in the original text of the Constitution, amendments adopted following the Civil War and legislation passed during the Civil Rights Movement have provided the government with the authority to protect voting rights. However, this authority has been weakened due to a voting-rights-skeptical U.S. Supreme Court and the Senate's failure to pass new voting legislation.
State constitutions play a crucial role in protecting voting rights, as almost all of them explicitly guarantee the right to vote. Litigation under state constitutions has been suggested as a strategy to safeguard voting rights, particularly in light of the Supreme Court's decision that partisan gerrymandering claims cannot be decided by federal courts.
To strengthen voting rights protection, there have been calls to amend the Constitution to guarantee the right to vote in general, rather than merely prohibiting certain forms of discrimination. This would require courts to more directly enforce existing Constitutional protections and address the restrictions imposed by state laws on voting in state and Congressional elections.
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Voting rights are protected by the Equal Protection Clause
Although the U.S. Constitution does not contain an explicit right to vote, citizens have a "constitutionally protected right to participate in elections", which is protected by the Equal Protection Clause. This was acknowledged by the Court in San Antonio School Dist. v. Rodriguez, 411 U.S. 1, 34–35 nn.74 & 78 (1973).
The Equal Protection Clause, found in the Fourteenth Amendment to the U.S. Constitution, states that "No State shall... deny to any person within its jurisdiction the equal protection of the laws". This clause has been interpreted by the courts to protect the right to vote, even though the right to vote is not explicitly mentioned in the Constitution.
The courts have established a regime of close review of state restrictions on the eligibility to vote, access to the ballot by candidates and parties, and the weighing of votes cast through the devices of apportionment and districting. This regime has been used to protect the right to vote and ensure that all citizens have an equal opportunity to participate in elections.
While voting rights cases are typically brought in federal court, legal observers have suggested that they could be brought in state courts instead, as almost all state constitutions contain an explicit right to vote. This strategy has been used by activists in Pennsylvania and North Carolina to limit partisan gerrymandering after the Supreme Court decided that partisan gerrymandering claims cannot be decided by federal courts.
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Voting rights can be protected by litigation under state constitutions
While the U.S. Constitution does not contain an explicit right to vote, almost all state constitutions do. Litigation under state constitutions could be another way to protect voting rights.
In San Antonio School Dist. v. Rodriguez, 411 U.S. 1, 34–35 nn.74 & 78 (1973), the Court acknowledged that the right to vote did not come within its prescription that rights to be deemed fundamental must be explicitly or implicitly guaranteed in the Constitution. However, citizens have a "constitutionally protected right to participate in elections", which is protected by the Equal Protection Clause.
Voting rights cases are typically brought in federal court, but legal observers have suggested they could be brought in state courts instead. This strategy parallels how activists have been able to use state constitutions in Pennsylvania and North Carolina to limit partisan gerrymandering after the Supreme Court decided partisan gerrymandering claims can't be decided by federal courts.
Congress often does not use its power to enforce the existing Constitutional protections, but an amendment could require courts to do so more directly.
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Voting rights are protected by amendments adopted following the Civil War
While the U.S. Constitution does not explicitly guarantee the right to vote, citizens do have a constitutionally protected right to participate in elections. This is protected by the Equal Protection Clause.
Almost all state constitutions contain an explicit right to vote, and litigation under state constitutions could be another way to protect voting rights. In fact, activists have been able to use state constitutions in Pennsylvania and North Carolina to limit partisan gerrymandering after the Supreme Court decided partisan gerrymandering claims can’t be decided by federal courts.
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Frequently asked questions
No, the U.S. Constitution does not explicitly protect the right to vote. However, citizens have a "constitutionally protected right to participate in elections", which is protected by the Equal Protection Clause.
Almost all state constitutions contain an explicit right to vote.
The Bill of Rights does not contain a right to vote.
Amendments to the Constitution following the Civil War and legislation passed during the Civil Rights Movement have strengthened the government's authority to protect voting rights.
