The 1876 Constitution: Were Black Voters Included?

were blacks included voters in the constitution of 1876

The Fifteenth Amendment to the United States Constitution, ratified in 1870, prohibits the federal government and each state from denying or abridging a citizen's right to vote based on their race, color, or previous condition of servitude. This amendment was a significant step towards universal suffrage in the US, as it granted voting rights to black men, who had been previously excluded from the political process. However, despite the protections offered by the Fifteenth Amendment, black voters continued to face significant obstacles to exercising their right to vote, including state constitutions and laws, poll taxes, literacy tests, grandfather clauses, and intimidation. It was not until the passage of the Voting Rights Act of 1965, extended in 1970, 1975, and 1982, that all remaining deterrents to voting were abolished, and federal supervision of voter registration was authorized where necessary.

Characteristics Values
Year of the 15th Amendment's ratification 1870
Who was included in the 15th Amendment Men of all races
What the 15th Amendment did Extended voting rights to men of all races
What the 14th Amendment did Granted citizenship to formerly enslaved Americans
What the 24th Amendment did Prohibited the use of poll taxes in federal elections
What the Voting Rights Act of 1965 did Secured voting rights for adult citizens of all races and genders
What the Voting Rights Act of 1965 was extended in 1970, 1975, and 1982
What happened in 1896 The Supreme Court decision Plessy v. Ferguson legalized “separate but equal” facilities for the races
What happened in 1890 Mississippi held a convention to write a new state constitution to replace the one in force since Reconstruction
What happened in 1873 A number of blacks were killed at the Colfax massacre while attempting to defend their right to vote

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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 their "race, color, or previous condition of servitude". The amendment was passed by Congress on February 26, 1869, and was the third and final Reconstruction Amendment.

The Fifteenth Amendment was a remarkable accomplishment, given that slavery was such a dominant institution before the Civil War. It was also a significant step in the struggle for equality, which would continue for over a century. The amendment granted African American men the right to vote, and many newly freed slaves exercised their newfound freedom by voting in black candidates. During Reconstruction, 16 black men served in Congress, and 2,000 black men served in elected local, state, and federal positions.

However, the Fifteenth Amendment did not end voting discrimination against African Americans. Despite the amendment, states across the South and elsewhere in the US implemented various laws to restrict the voting rights of Black citizens. "Grandfather clauses", poll taxes, literacy tests, and intimidation were used to disenfranchise Black voters. White supremacist groups like the Ku Klux Klan (KKK) also used paramilitary violence to prevent Blacks from voting.

The Enforcement Acts were passed by Congress in 1870–1871 to authorize federal prosecution of the KKK and others who violated the amendment. The Supreme Court's narrow interpretation of the amendment in United States v. Reese (1876) upheld ostensibly race-neutral limitations on suffrage, including poll taxes and literacy tests. This narrow interpretation contributed to the rise of "Jim Crow" laws in the Southern states, which further undermined the voting rights of African Americans.

It wasn't until the civil rights movement of the twentieth century that significant progress was made in securing and protecting the voting rights of African Americans. The Voting Rights Act of 1965 eliminated all forms of discrimination in federal, state, and local elections and authorized federal supervision of voter registration.

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Black voter suppression

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 mean that Black men could now vote freely. They continued to face voter suppression through various means.

Despite the Fifteenth Amendment, Black voters were systematically turned away from many state polling places. States implemented laws to restrict the voting rights of Black citizens. "Grandfather clauses", poll taxes, literacy tests, and outright intimidation were some of the tools used to prevent Black men from voting. For example, in 1910, Oklahoma passed a constitutional amendment stating that only citizens whose grandfathers had voted in 1865 could vote, effectively disqualifying the descendants of formerly enslaved people. Literacy tests were also used to exclude Black voters, with complicated technical passages being given to Black men, while white men were given simple sentences to interpret.

The National Association for the Advancement of Colored People (NAACP) was formed to protect and expand the rights of African Americans. They called on the federal government to mandate that states follow the court's rulings on the right of Black Americans to have equal access to the vote. In 1965, the Voting Rights Act was passed, which extended voting rights to adult citizens of all races and genders, and federal laws were enforced to uphold these rights. This Act was further strengthened in 1966 with the full ban of poll taxes.

The struggle for voting rights for African Americans continued for over a century. Even after the passage of the Voting Rights Act, activists like Maria Varela of the Student Nonviolent Coordinating Committee (SNCC) continued to work towards fully supporting voting rights. It was not until the 1970s that all remaining deterrents to exercising the right to vote were abolished, and federal supervision of voter registration was authorized where necessary.

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Women's suffrage

The Fifteenth Amendment (Amendment XV) to the United States Constitution, ratified on February 3, 1870, was a significant step towards racial equality in voting rights. The amendment explicitly prohibited the federal government and individual states from denying or abridging a citizen's right to vote based on "race, color, or previous condition of servitude." This marked a pivotal moment in the struggle for voting rights, as it extended voting rights to men of all races, including African American males.

However, despite this amendment, African Americans, particularly in the South, continued to face significant barriers to exercising their right to vote. "Grandfather clauses," literacy tests, poll taxes, and other discriminatory laws and practices were employed to disenfranchise African American voters. Intimidation and violence were also used to suppress their political participation. This period, known as the Jim Crow era, witnessed the widespread adoption of restrictive state constitutions and laws that undermined the gains made by the Fifteenth Amendment.

The women's suffrage movement played a crucial role in advocating for the voting rights of African Americans. Activists recognized the interconnectedness of race and sex in state constitutions, which often limited suffrage to "white male citizens." The Fourteenth Amendment, which explicitly protected only male citizens, and the Fifteenth Amendment, which barred race discrimination but not sex discrimination, highlighted the divergence in the civil rights of women and African Americans. This prompted discussions and efforts toward achieving universal suffrage, encompassing both racial and gender equality.

The struggle for voting rights in the United States has been a protracted one, with the original Constitution failing to define voting rights for citizens. The Fifteenth Amendment was a milestone, but it did not fully secure the voting rights of African Americans, and additional amendments and legislation were necessary. The Twenty-fourth Amendment (1964) addressed poll taxes in federal elections, and the Voting Rights Act of 1965 further solidified voting rights for citizens of all races and genders, enforcing these amendments through federal laws.

The civil rights movement of the twentieth century played a pivotal role in safeguarding the voting rights of African Americans. Organizations such as the Southern Christian Leadership Conference (SCLC), the Student Nonviolent Coordinating Committee (SNCC), and the National Association for the Advancement of Colored People (NAACP) led campaigns to secure and protect the voting rights of African Americans, facing fierce resistance and violence in places like Selma, Alabama. The movement's efforts resulted in the expansion and enforcement of voting rights, contributing to the fulfillment of the promise of equality for all citizens.

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State-level discrimination

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".

Despite this, state-level discrimination persisted, and African Americans were still denied the right to vote by state constitutions and laws, poll taxes, literacy tests, "grandfather clauses", and intimidation.

During the Jim Crow era, between Reconstruction and the civil rights legislation of the 1960s, many African Americans who attempted to register to vote were threatened with physical violence or the loss of their jobs and homes. States had different rules about what requirements were necessary to register to vote. Some states' requirements, including owning property, paying poll taxes, and passing literacy or civics exams, were used to prevent Black citizens from voting.

In 1896, the Supreme Court decision Plessy v. Ferguson legalized “separate but equal” facilities for the races, leading to the majority of African American citizens being treated as second-class citizens under the “Jim Crow” segregation system.

In the late nineteenth century, the Democratic Party in the Southern United States adopted new state constitutions and enacted "Jim Crow" laws that raised barriers to voter registration, resulting in most black voters and many poor whites being disenfranchised.

The National Association for the Advancement of Colored People (NAACP), formed in response to ongoing discrimination, used legal action as a strategy to secure equal rights.

It would take several more decades, another federal law, and a mass civil rights movement known as "the Second Reconstruction" to make good on the Constitution’s promise of voting rights for African Americans. The Voting Rights Act of 1965, extended in 1970, 1975, and 1982, abolished all remaining deterrents to exercising the right to vote and authorized federal supervision of voter registration where necessary.

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The Voting Rights Act (1965)

The Voting Rights Act of 1965 was a landmark piece of federal legislation in the United States that prohibited racial discrimination in voting. It was signed into law by President Lyndon B. Johnson on August 6, 1965, during the height of the civil rights movement. The Act was designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution, which granted citizenship and voting rights to African American males.

The Voting Rights Act of 1965 was the most significant statutory change in the relationship between the federal and state governments in the area of voting since the Reconstruction period following the Civil War. The Act sought to secure the right to vote for racial minorities, especially in the South, where African Americans faced tremendous obstacles to voting. These obstacles included literacy tests, poll taxes, and other bureaucratic restrictions, as well as harassment, intimidation, and physical violence when they attempted to register or vote.

The passage of the Voting Rights Act was spurred by the "outrage of Selma," where civil rights activists attempted to march from Selma to the state capital of Montgomery, Alabama, in what became known as "Bloody Sunday." They were met with violent resistance from police and state troopers, which gained national attention and persuaded President Johnson and Congress to take action. The Act was also the culmination of years of efforts by civil rights organizations such as the Southern Christian Leadership Conference (SCLC) and the Student Nonviolent Coordinating Committee (SNCC) to protect the voting rights of racial minorities.

The Voting Rights Act had an immediate impact, with a quarter of a million new Black voters registered by the end of 1965, one-third of whom were registered by federal examiners. The Act was readopted and strengthened in 1970, 1975, and 1982, and Congress later amended it five times to expand its protections. It is considered the most effective piece of federal civil rights legislation ever enacted in the country.

Frequently asked questions

No, they were not. The Fifteenth Amendment, enacted in 1870, gave Black males the right to vote.

The Fifteenth Amendment was an important step toward universal suffrage for all Americans. It prohibited the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude."

Despite the Fifteenth Amendment, Black voters continued to face barriers to voting. States implemented various laws, such as grandfather clauses, poll taxes, literacy tests, and intimidation, to restrict the voting rights of Black citizens. It was not until the passage of the Voting Rights Act of 1965 and the Twenty-fourth Amendment in 1964 that these injustices were addressed, and voting rights were secured for adult citizens of all races and genders.

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