Eleanor Finch
Surprisingly, the original text of the U.S. Constitution does not explicitly state that citizens have the right to vote. Instead, the government's authority to protect voting rights stems from amendments adopted following the Civil War and legislation passed during the Civil Rights Movement. Since then, many constitutional amendments and federal laws have been passed to protect voting rights. This includes the Voting Rights Act of 1965, which prohibits voter discrimination based on race, colour, or membership in a language minority group. The U.S. Constitution also gives Congress and the federal government the power to determine the times, places, and manner of congressional elections.
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What You'll Learn
Voting rights are protected by constitutional amendments
Voting rights in the United States are governed by federal laws, with roots in Article 1 of the Constitution, which gave states the responsibility of overseeing federal elections. While the original text of the US Constitution does not explicitly mention a right to vote, several constitutional amendments have been passed since to protect and extend voting rights.
The 14th Amendment, passed in 1868, grants citizenship and its privileges, including the right to vote, to all natural-born or naturalized Americans, regardless of race. This amendment also prevents states from restricting these rights. The 15th Amendment, ratified in 1870, specifically prohibits restricting the right to vote based on race, though many African American men were still unable to exercise this right due to literacy tests and other barriers. The 19th Amendment, ratified in 1920, extended voting rights to women. The 24th Amendment, passed in 1964, banned poll taxes, which had been used to prevent low-income citizens and racial minorities from voting. The Voting Rights Act of 1965 further prohibited voter discrimination based on race, colour, or membership in a language minority group, requiring election materials to be provided in languages other than English in certain places. The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections.
In addition to these constitutional amendments, other federal laws have been enacted to protect voting rights. For example, the Voting Accessibility for the Elderly and Handicapped Act of 1984 mandated that polling places be accessible to people with disabilities, while the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 and the MOVE Act of 2009 improved ballot access for military voters and Americans living abroad. The Help America Vote Act (HAVA) of 2002 authorized federal funding for elections and established the US Election Assistance Commission (EAC) to help states comply with the act's minimum standards on voter education, registration, and ballots. The National Voter Registration Act (NVRA) of 1993 also created new ways to register to vote.
Despite these protections, voting rights remain a highly contested issue in the US, with ongoing litigation in courtrooms across the country.
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Voting Rights Acts
While the U.S. Constitution does not explicitly state that citizens have the right to vote, it does give Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections.
The right to vote has been expanded and protected by a series of constitutional amendments and federal laws. The 14th Amendment, for example, extends citizenship to all natural-born or naturalized Americans, guaranteeing that rights of citizenship, such as voting, cannot be restricted by the states. The 15th Amendment prohibits restricting the right to vote due to race, and the 19th Amendment extends voting rights to all women.
The Voting Rights Act of 1965 was signed into law by President Lyndon B. Johnson during the height of the civil rights movement. The Act sought to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the Constitution and secure the right to vote for racial minorities, especially in the South. The Act 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. It also placed limits on certain states with a history of voter discrimination, requiring them to obtain federal approval before passing voter restrictions.
The Voting Rights Act of 1965 was readopted and strengthened in 1970, 1975, and 1982, with Congress expanding the Act's protections five times. In 1970, Congress recognised the continuing need for the special provisions of the Act, which were renewed for another five years. In 1975, the Act's special provisions were broadened to address voting discrimination against members of "language minority groups," including American Indians, Asian Americans, Alaskan Natives, and those of Spanish heritage.
Other federal laws that protect voting rights include the Help America Vote Act (HAVA) of 2002, which authorized federal funding of elections and created the U.S. Election Assistance Commission (EAC) to help states adopt minimum standards on voter education, registration, and ballots. The National Voter Registration Act (NVRA) of 1993 also created new ways to register to vote.
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Voting rights litigation
While the US Constitution does not explicitly mention the right to vote, it does outline certain regulations regarding the voting process. For instance, the Elections Clause gives Congress the authority to determine the "Times, Places, and Manner" of congressional elections. Over the years, various constitutional amendments have been made to protect the right to vote, such as the 15th Amendment, which prohibits restricting the right to vote based on race, and the 19th Amendment, which grants women the right to vote.
The urgency of protecting voting rights has led to creative strategies, such as litigating under state constitutions, as almost all state constitutions explicitly mention the right to vote. While most voting rights cases are brought to federal court, legal observers suggest state courts could be an alternative avenue, as seen in Pennsylvania and North Carolina, where state constitutions were used to limit partisan gerrymandering.
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Voting rights and state constitutions
Voting rights are governed by federal laws in the United States, with roots in Article 1 of the Constitution, which gave states the power to oversee federal elections. While the original text of the Constitution does not explicitly mention a right to vote, subsequent amendments and legislation have expanded and protected voting rights.
The 14th Amendment, passed after the Civil War, was the first to extend citizenship and voting rights to all natural-born or naturalized Americans, regardless of race. This amendment also prohibited states from restricting these rights. The 15th Amendment explicitly prohibited restricting the right to vote based on race, though many states continued to use literacy tests and other barriers to prevent African American men from voting. The 19th Amendment extended voting rights to women, and the 24th Amendment banned poll taxes, which had been used to disenfranchise low-income citizens and racial minorities. The 26th Amendment lowered the voting age to 18 for all elections.
In addition to these constitutional amendments, federal laws such as the Voting Rights Act of 1965 and the National Voter Registration Act of 1993 have further protected and expanded voting rights. The Voting Rights Act 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.
While the U.S. Constitution does not contain an explicit right to vote, almost all state constitutions do. Litigation under state constitutions has been suggested as a strategy to protect voting rights, as seen in Pennsylvania and North Carolina, where activists have successfully used state constitutions to limit partisan gerrymandering.
State-level actions to protect voting rights can include removing barriers to voter registration, simplifying the voting process, and passing state-level voting rights acts. States also set their own voter ID rules, with most requiring some form of identification to vote in person.
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Voting rights and federal laws
Voting rights in the US are governed by federal laws, with roots in Article 1 of the Constitution, which gives states the responsibility of overseeing federal elections. While the original text of the Constitution does not explicitly mention a right to vote, subsequent amendments and federal laws have been passed to protect and expand voting rights.
The 14th Amendment, passed after the Civil War, grants citizenship and its privileges, such as voting, to all natural-born or naturalized Americans, regardless of race. This amendment also prevents states from restricting these rights. The 15th Amendment explicitly prohibits restricting the right to vote based on race, though many states employed tactics like literacy tests to disenfranchise African American voters. The 19th Amendment, ratified in 1920, extended voting rights to women. The 24th Amendment, ratified in 1964, banned poll taxes, which had been used to disenfranchise low-income citizens and African Americans. The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections.
The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. It mandated that certain places provide election materials in languages other than English and placed limits on states with a history of voter discrimination. The Voting Accessibility for the Elderly and Handicapped Act of 1984 required polling places to be accessible to people with disabilities. The Help America Vote Act (HAVA) of 2002 authorized federal funding for elections and established the U.S. Election Assistance Commission (EAC) to help states comply with HAVA standards on voter education, registration, and ballots.
Despite these federal laws, the enforcement of voting rights has faced challenges. A 2013 Supreme Court decision struck down a rule requiring certain states with a history of voter discrimination to obtain federal approval before passing voter restrictions. Additionally, the Supreme Court's decision on partisan gerrymandering has limited the ability to address this issue in federal courts, pushing activists to pursue legal action in state courts.
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Frequently asked questions
Surprisingly, the US Constitution does not explicitly state that citizens have the right to vote. Instead, it gives Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections.
The US Constitution protects the right to vote through a series of amendments. The 14th Amendment guarantees that rights of citizenship, like voting, cannot be restricted by the states. The 15th Amendment prohibits restricting the right to vote based on race. The 17th Amendment requires states to elect senators by popular vote. The 19th Amendment extends voting rights to all women. The 24th Amendment bans poll taxes. The 26th Amendment extends the right to vote to everyone 18 years of age and older.
Federal laws such as the Voting Rights Act of 1965, the Voting Accessibility for the Elderly and Handicapped Act of 1984, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986, the Military and Overseas Voting Empowerment (MOVE) Act of 2009, and the National Voter Registration Act (NVRA) of 1993, have been passed to protect voting rights and make it easier for eligible citizens to vote.
The requirements to vote in US elections vary by state, but most states require voters to show some form of identification before allowing them to vote. Additionally, residence requirements, age, and previous criminal records are factors that states may consider in determining voter eligibility.
