Isabella Carter
The right to vote is not explicitly stated in the US Constitution, and the original text does not mention that citizens have the right to vote in elections. Instead, it states that anyone eligible to vote for the largest house of a state legislature is also eligible to vote for members of the House of Representatives from that state. The Constitution does, however, outline the process of electing the President, with each state having one vote, and the candidate with the most votes being elected. The Constitution also sets out the eligibility requirements for the President, including a minimum age of 35 and a residency requirement of 14 years. Amendments to the Constitution have been made to extend voting rights to different groups of citizens, such as the Fifteenth Amendment, which states that voting rights cannot be denied based on race, colour, or previous servitude.
| Characteristics | Values |
|---|---|
| Voting rights | Initially, left to the states to decide; the right to vote was often restricted to property-owning or tax-paying white men |
| Free Black men and women of both races could vote in some states, such as New Jersey, provided they met property or tax requirements | |
| The 15th Amendment (1870) extended voting rights regardless of "race, color, or previous condition of servitude" | |
| The 19th Amendment (1920) gave women the right to vote | |
| The 24th Amendment (1964) eliminated poll taxes, which had been used to prevent African Americans from voting | |
| The 26th Amendment (1971) lowered the voting age to 18 | |
| Voter ID laws vary between states, with some requiring photo ID and others not requiring any ID | |
| Many states require citizens to register to vote before the election | |
| Convicted felons are prohibited from voting in some states | |
| Eligibility for the Office of President | Must be a natural-born citizen of the United States, be at least 35 years old, and have been a resident of the United States for at least 14 years |
| Choosing the President | Electors meet in their respective states and vote for two persons, at least one of whom is not an inhabitant of the same state |
| The person with the greatest number of votes is the President, provided they have a majority of the whole number of electors appointed | |
| If no person has a majority, the House of Representatives chooses the President from the five highest on the list |
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What You'll Learn
Voting rights for Black men
The original U.S. Constitution, which came into effect on March 9, 1789, did not explicitly mention the right to vote. Instead, it stated that anyone eligible to vote for the largest house of a state's legislature could also vote for members of the House of Representatives from that state. This left states with the power to decide who was qualified to vote, leading to variations across the nation. While most states restricted voting to property-owning or tax-paying white men, some states, like New Jersey, allowed free Black men and women of both races to vote, provided they met the property or tax requirements.
However, in 1807, New Jersey revoked the voting rights of Black men and women. This action reflected a broader trend during the early 19th century, where several states, including Pennsylvania and New Jersey, stripped free Black males of their voting rights. The lack of a uniform standard for voting rights contributed to inconsistencies in the nation's early years.
The 15th Amendment to the U.S. Constitution, ratified in 1870, was a significant step towards addressing this issue. This amendment explicitly stated that voting rights could not be denied or abridged based on "race, color, or previous condition of servitude." This amendment granted African American men the right to vote, but many were still unable to exercise this right due to literacy tests and other barriers implemented by certain states.
Despite the progress made by the 15th Amendment, the fight for voting rights for Black men continued due to the persistence of discriminatory practices. Jim Crow laws, including literacy tests, poll taxes, and religious tests, were used in various parts of the United States to deny voting rights to African Americans and other minority groups. It was not until the passage of the Civil Rights Acts and the Voting Rights Act of 1965 (VRA) that stronger federal protections were put in place to safeguard the voting rights of Black men and other marginalized communities.
Today, the push for voting rights continues, with activists advocating for national legislation to restore the VRA and create uniform standards for elections. While almost all state constitutions recognize the right to vote, there are still variations in state laws and requirements, such as voter ID mandates, that can impact the ability of Black men and other marginalized groups to exercise their voting rights fully.
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Voting rights for women
The 19th Amendment to the U.S. Constitution, passed by Congress on June 4, 1919, and ratified on August 18, 1920, guarantees American women the right to vote. The amendment states: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."
The campaign for women's suffrage was long and difficult, with several generations of women's rights activists lecturing, writing, marching, lobbying, and practicing civil disobedience to achieve what many Americans considered a radical change to the Constitution. Despite setbacks at the federal level, proponents of women's suffrage made progress at the state level during the Reconstruction Era. Several western state governments, including Wyoming and Utah, granted women full or partial voting rights. However, Congress legislatively deprived Utah women of this right in 1887.
The road to women's suffrage was a patchwork of fits and starts. The earliest recorded vote legally cast by a woman in America occurred in 1756 in colonial Massachusetts. Unmarried women who owned property in New Jersey could and did cast ballots between 1776 and 1807. Beginning in 1869, women in Western territories won the right to vote, and in the decade leading up to the 19th Amendment's passage, 23 states granted women full or partial voting rights.
However, the ratification of the 19th Amendment did not ensure full enfranchisement for all women. For women who were primarily non-English speakers, particularly in Latino and Asian American communities, exercising the right to vote remained challenging until the 1975 extension of the Voting Rights Act. Additionally, the amendment did not address the systemic racism that pervaded the South and other regions, resulting in the exclusion of millions of women of colour from the democratic process due to racially discriminatory policies such as poll taxes, literacy tests, and felony disenfranchisement laws. It would take several more decades and the rise of the civil rights movement in the mid-20th century for many women of colour to gain the right to vote.
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Voting rights for Native Americans
The history of Native American voting rights in the United States has been fraught with challenges and barriers. When the U.S. Constitution was ratified in 1788, Native Americans were not considered U.S. citizens and were excluded from the right to vote. This exclusion persisted for over a century, even as Black Americans gained citizenship and voting rights with the passage of the 14th and 15th Amendments.
It was not until 1924, with the passage of the Indian Citizenship Act, that Native Americans were granted citizenship and, in theory, the right to vote. However, this did not automatically translate into voting access. States retained the power to determine voting rights, and many continued to deny Native Americans the ability to vote through various means. Some states argued that Native Americans living on reservations were under federal, not state jurisdiction, or that they should not influence state and local laws since they were not subject to them. Others used address requirements, literacy tests, intimidation, and poll taxes to restrict Native voting participation.
The complexity of voting regulations and the deliberate efforts to limit Native American participation in elections contributed to the challenges they faced. Native news outlets played an essential role in informing their communities about the landscape of voting requirements. Despite these obstacles, Native Americans have made significant strides in increasing their representation in politics. The 1970s saw a notable increase in Native American voter turnout, particularly in gubernatorial elections, leading to greater representation in the legislative branch and local offices.
In 1965, the Voting Rights Act strengthened Native voting rights and addressed exclusionary practices at the federal level. However, recent developments, such as the Supreme Court's decision in 2013, have weakened these protections, leading to the enactment of restrictive voter laws in multiple states. To address these ongoing challenges, organizations like the Native American Voting Rights Coalition (NAVRC) have formed to protect and expand Native voting rights through legislative and legal strategies.
Today, Native voters continue to face unique barriers, including geographic isolation, non-traditional mailing addresses, limited transportation, and a lack of Native language assistance. Despite these challenges, Native Americans are increasingly recognized as a crucial voting bloc, with their participation influencing the outcomes of recent elections, such as the historic flipping of Arizona in the 2020 U.S. presidential election.
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Voting rights for felons
It is important to note that voting rights may be restored for felons, and they can take steps to prepare to vote, such as registering in their hometown or college town. Individuals with felony convictions can refer to the Department of Justice's (DOJ) Guide to State Voting Rules After a Criminal Conviction to understand their voting rights, as it provides state-by-state information about specific crimes and other factors affecting voting rights.
To confirm eligibility to vote, individuals can contact their state or local election office for the most current information. Even if previously registered, updating registration details with the latest information, such as mailing addresses, is necessary. Additionally, contacting a lawyer or court representative is essential to confirm the completion of one's sentence and the fulfilment of any conditions of release. Local advocacy groups that work with formerly incarcerated people can also provide legal assistance in understanding voting rights.
It is worth noting that voting rights may vary based on specific circumstances, and individuals with felony convictions should refer to their state-specific guidelines to understand their voting eligibility fully.
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Voting age
The voting age in the United States is currently 18 years, as established by the 26th Amendment to the US Constitution, which was ratified in 1971. This amendment lowered the voting age from 21 to 18, and states are prohibited from adopting a higher minimum voting age.
The drive to lower the voting age began in the 1940s, with Congressional proposals being endorsed by First Lady Eleanor Roosevelt and Senator Harley Kilgore. However, it wasn't until the 1960s and early 1970s that the movement gained significant momentum, largely due to the Vietnam War. The US military draft age was set at 18 years, meaning that many conscripted citizens were ordered to fight in a conflict that they had no political authority to vote on. This discrepancy led to the emergence of a youth rights movement, with the slogan "old enough to fight, old enough to vote". The increasing number of young people graduating high school, going to college, and engaging in political and social activism also contributed to the growing support for lowering the voting age.
In 1970, President Richard Nixon signed an amendment to the Voting Rights Act of 1965, lowering the voting age to 18 for national, state, and local elections. However, Nixon and several states questioned the constitutionality of this amendment, arguing that it required a constitutional amendment rather than a simple statute. This led to the Supreme Court case of Oregon v. Mitchell, where the Court ruled that Congress could only lower the voting age for federal elections, not state or local elections.
In response to this ruling, Congress proposed the 26th Amendment to the Constitution, which was ratified on July 1, 1971. The amendment lowered the voting age to 18 for all elections and established 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 any state on account of age. The amendment was ratified by three-quarters of state legislatures, or 38 states, in just over two months.
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Frequently asked questions
The US Constitution does not explicitly mention the right to vote. Instead, it states that anyone eligible to vote for the largest house of a state legislature is also eligible to vote for members of the House of Representatives from that state.
No, the Constitution left it up to individual states to determine voter eligibility.
Women were largely prohibited from voting under the original Constitution. However, in the early years of the US, some local jurisdictions in northern states, such as New Jersey until 1807, allowed women to vote if they met property or tax requirements.
The original Constitution did not define voter eligibility based on race, but it also did not explicitly prohibit discrimination on these grounds. In the early US, some states restricted voting to white male adult property owners, while others allowed free Black men to vote if they met property or tax requirements.
Yes, several constitutional amendments have been ratified to extend voting rights. The 15th Amendment (1870) prohibited denying voting rights based on "race, color, or previous condition of servitude". The 19th Amendment (1920) gave women the right to vote. The 24th Amendment (1964) eliminated poll taxes, which had been used to disenfranchise African Americans. The 26th Amendment (1971) lowered the voting age to 18.
