Malcolm Rivera
The Twenty-sixth Amendment to the United States Constitution, ratified in 1971, was a landmark moment in the expansion of voting rights in the country. The amendment was proposed and passed in the wake of the Vietnam War, which saw young men as young as 18 being conscripted to fight and die for their country without the right to vote in federal elections. This injustice sparked a movement to lower the voting age, and the Twenty-sixth Amendment was the culmination of these efforts, guaranteeing that the right to vote could not be denied to United States citizens aged 18 or older.
| Characteristics | Values |
|---|---|
| Date proposed by Congress | March 23, 1971 |
| House of Representatives vote | 401-19 in favor |
| Date ratified by states | July 1, 1971 |
| Date of official certification | July 5, 1971 |
| Voting age established | 18 years |
| Voting age previously | 21 years |
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What You'll Learn
Voting age lowered to 18
The Twenty-sixth Amendment to the United States Constitution lowered the voting age from 21 to 18. This amendment was passed by Congress on March 23, 1971, and ratified by three-fourths of the states on July 1, 1971—the shortest ratification period of any constitutional amendment. The amendment was a response to the Vietnam War, during which 18-year-olds could be drafted to fight but were unable to vote in federal elections in most states.
The drive to lower the voting age gained momentum across the country during the 1960s, with various public officials supporting the change. In 1970, President Richard M. Nixon signed an extension of the Voting Rights Act, which lowered the voting age in federal and state elections to 18. However, two states, Oregon and Texas, filed a lawsuit claiming that the law infringed on the states' power to set their own voting age requirements.
In Oregon v. Mitchell (1970), the Supreme Court upheld this claim, ruling that Congress could lower the voting age for federal elections but not for state and local ones. As a result, states were required to allow 18-year-olds to vote in federal elections but could maintain a voting age of 21 for state and local elections. To address this discrepancy, Congress quickly proposed the Twenty-sixth Amendment, which established a nationally standardized minimum voting age of 18 for all elections.
The Twenty-sixth Amendment states, "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." This amendment ensures that eligible citizens aged 18 and older have the right to participate in state and federal elections without age-based discrimination. It also grants Congress the power to enforce this provision through appropriate legislation.
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Voting rights extended
The Twenty-sixth Amendment to the United States Constitution, ratified in 1971, extended voting rights to citizens aged 18 or older. This amendment was driven by the fact that 18-year-olds could be drafted to fight in the Vietnam War but were unable to vote in federal elections in most states. The drive to lower the voting age from 21 to 18 grew across the country during the 1960s, and various public officials supported this movement.
In 1970, President Richard Nixon signed an extension of the Voting Rights Act, which lowered the age of eligibility to vote in all federal and state elections to 18. However, two states, Oregon and Texas, filed a suit, claiming that the law violated the reserve powers of the states to set their own voting-age requirements. The U.S. Supreme Court upheld this claim in Oregon v. Mitchell (1970), holding that Congress could lower the voting age for federal elections but lacked the power to do so for state and local elections.
In response to this setback, an amendment was introduced in the U.S. Congress, backed by student activism during the Vietnam War. The Twenty-sixth Amendment was proposed by Congress on March 23, 1971, and ratified by three-fourths of the states by July 1, 1971, marking the shortest interval between Congressional approval and ratification of an amendment in U.S. history. The amendment states: "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 Twenty-sixth Amendment is significant as it is a critical component of the laws and constitutional mandates that seek to recognize and enforce the principles of American democracy. It is also the last in a series of amendments enacted over a century, expanding constitutional protection for voting rights.
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State and federal elections
The Twenty-sixth Amendment to the United States Constitution, ratified in 1971, established 18 as the minimum voting age for state and federal elections. This amendment was a response to the Vietnam War, during which 18-year-olds could be drafted to fight but were unable to vote in federal elections in most states. The drive to lower the voting age from 21 to 18 gained momentum across the country during the 1960s, with various public officials supporting the change.
In the lead up to the amendment, there was a push to include an 18-year-old voting provision in the 1970 extension of the Voting Rights Act. This resulted in the Oregon v. Mitchell case, where the Supreme Court held that Congress could lower the voting age for federal elections but not for state and local elections. As a result, states were required to allow 18-year-olds to vote in federal elections but could maintain a voting age of 21 for state and local elections.
Recognizing the challenges of maintaining separate voting rolls and elections for federal and state contests, Congress quickly proposed the Twenty-sixth Amendment. The amendment states that the right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or any state on account of age. It grants Congress the power to enforce this through appropriate legislation.
The Twenty-sixth Amendment passed faster than any other constitutional amendment, with three-fourths of the states ratifying it by July 1, 1971. However, it's worth noting that around 17 states initially refused to pass measures to lower their minimum voting ages. The amendment's swift passage can be attributed to the financial and bureaucratic challenges of maintaining separate voting registers for different elections.
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Amendment ratification
The Twenty-sixth Amendment (Amendment XXVI) to the United States Constitution was proposed by Congress on March 23, 1971, and ratified by three-fourths of the states on July 1, 1971—the shortest interval between Congressional approval and ratification of an amendment in U.S. history. The administrator of general services officially certified ratification of the Twenty-sixth Amendment on July 5, 1971.
The amendment was passed in response to the U.S. Supreme Court's ruling in Oregon v. Mitchell (1970), which held that Congress could lower the voting age for federal elections but not for state and local ones. This resulted in states being required to allow people between 18 and 20 to vote in federal elections while maintaining a minimum voting age of 21 for state and local elections. Recognizing the confusion and costs that would be involved in maintaining separate voting rolls and elections for federal and state contests, Congress quickly proposed the Twenty-sixth Amendment, which established a nationally standardized minimum voting age of 18 for all elections.
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. The draft conscripted young men between the ages of 18 and 21 into the United States Armed Forces, primarily the U.S. Army, to serve in or support military combat operations in Vietnam. This meant that young men could be required to fight and possibly die for their nation in wartime at 18 but were unable to vote in federal elections in most states.
The Twenty-sixth Amendment provides that "the right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age." It prohibits states from discriminating among voters based on age for people who are at least 18 years old and grants Congress the power to enforce this prohibition through appropriate legislation. The amendment is worded very similarly to the Fifteenth Amendment, which prohibits states from denying or abridging the right to vote based on race.
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Congress's enforcement powers
The Twenty-Sixth Amendment to the United States Constitution, which was ratified in 1971, lowered the minimum voting age from 21 to 18 for state and federal elections. The amendment was proposed by Congress on March 23, 1971, and ratified by three-fourths of the states by July 1, 1971, marking the shortest interval between Congressional approval and ratification of an amendment in US history.
The Twenty-Sixth Amendment not only lowered the voting age but also gave Congress the power to enforce this article by "appropriate legislation". This power is derived from the language in Section 2 of the Amendment, which states: "The Congress shall have power to enforce this article by appropriate legislation".
This provision is similar to those found in other amendments, including Amendments XIII, XIV, XV, XIX, XXIII, XXIV, and XXVI, which were adopted during the Reconstruction period to abolish slavery and protect the rights of newly emancipated African Americans. The enforcement provisions in these amendments extend Congress's powers, as originally enumerated in Article One, Section 8 of the Constitution.
The interpretation of the Fourteenth Amendment's enforcement provision, in particular, has been the subject of several Supreme Court cases, reflecting the tension between the Court's role of interpreting the Constitution and Congress's power to adopt legislation to enforce specific amendments.
In the case of Katzenbach v. Morgan (1966), the Supreme Court concluded that Congress could forbid practices that are not themselves unconstitutional if the law aims to prevent or remedy constitutional violations. On this basis, Congress's enforcement power was upheld in the context of preventing state-sponsored discrimination through literacy tests as voting qualifications.
However, in Oregon v. Mitchell (1970), the Supreme Court held that Congress exceeded its power by attempting to require states to lower the voting age to 18. This decision led to the adoption of the Twenty-Sixth Amendment, which gave Congress the explicit power to enforce the minimum voting age of 18 and override state policies that disproportionately burden the voting rights of particular age groups, such as strict voter ID laws and absentee ballot rules for overseas soldiers.
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Frequently asked questions
The Twenty-Sixth Amendment to the United States Constitution establishes a minimum voting age of 18 for participation in state and federal elections.
The Twenty-Sixth Amendment was passed in response to the Vietnam War. Young men could be drafted to fight in the war at 18 but were not allowed to vote in federal elections in most states.
The Twenty-Sixth Amendment was ratified in record time—quicker than any other amendment in US history. It was also the last in a series of amendments enacted over more than a century that expanded constitutional protection for voting rights.
The text of the Twenty-Sixth 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."
