Malcolm Rivera
Voting rights in the United States are governed by federal laws and the Constitution. While the US Constitution does not explicitly mention a right to vote, it does give Congress and the federal government the power to determine the times, places, and manner of elections. This power has been used to establish a single national Election Day and mandate single-member congressional districts. The Constitution also requires states to have a representative form of government with elections and majority rule. Over the years, several constitutional amendments have been passed to extend voting rights to different groups, such as African American men in 1870 and women in 1920. Federal laws, such as the Civil Rights Acts and the Voting Rights Act of 1965, have also played a crucial role in protecting voting rights and making it easier for citizens to exercise them.
| Characteristics | Values |
|---|---|
| Voting rights | Protected by federal laws |
| Voting rights | Protected by state constitutions |
| Voting rights | Protected by the Civil Rights Acts |
| Voting rights | Protected by the Voting Rights Act of 1965 |
| Voting rights | Protected by the Voting Accessibility for the Elderly and Handicapped Act of 1984 |
| Voting rights | Protected by the Uniformed and Overseas Citizens Absentee Voting Act of 1986 |
| Voting rights | Protected by the Military and Overseas Voting Empowerment Act of 2009 |
| Voting rights | Protected by the National Voter Registration Act of 1993 |
| Voting rights | Protected by the Help America Vote Act of 2002 |
| Voting rights | Protected by the Enforcement Act of 1870 |
| Voting rights | Extended to African American men by the 15th Amendment in 1870 |
| Voting rights | Extended to women by the 19th Amendment in 1920 |
| Voting rights | Poll taxes eliminated by the 24th Amendment in 1964 |
| Voting rights | Voting age lowered to 18 by the 26th Amendment in 1971 |
| Voting | Regulated by Congress and the federal government through the Elections Clause |
| Voting | Regulated by state legislatures through the Federal Constitution |
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What You'll Learn
- The US Constitution does not explicitly mention the right to vote
- Amendments to the Constitution extended voting rights in the 19th and 20th centuries
- Federal laws protect voting rights and make it easier to vote
- The Constitution gives Congress the power to determine the Times, Places, and Manner of elections
- State constitutions can be used to limit partisan gerrymandering
The US Constitution does not explicitly mention the right to vote
The US Constitution does, however, give Congress and the federal government the power to determine the "times, places, and manner" of congressional elections through the Elections Clause. This power has been used to establish a single national Election Day and mandate single-member congressional districts. Additionally, the Constitution requires all states to have a representative form of government with elections and majority rule, though this provision is rarely invoked.
The right to vote has been extended and protected over time through various constitutional amendments. The 15th Amendment (1870) extended voting rights to men of all races, and the Enforcement Act of 1870 (also known as the Civil Rights Act of 1870) empowered President Ulysses S. Grant to enforce this amendment and make it illegal to disenfranchise Black voters. The 19th Amendment (1920) prohibited states from denying the vote based on sex, securing voting rights for women. The 24th Amendment (1964) removed barriers to voting by prohibiting poll taxes, which had been used to disenfranchise African Americans. The 26th Amendment (1971) lowered the voting age for all elections to 18.
In addition to constitutional amendments, federal laws have been passed to protect voting rights and make it easier for citizens to exercise their right to vote. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group, and placed limits on states with a history of voter discrimination. The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote and required states to maintain accurate voter registration lists. The Help America Vote Act (HAVA) of 2002 authorized federal funding of elections and established the US Election Assistance Commission (EAC) to help states adopt minimum standards for voter education, registration, and ballots.
While the US Constitution does not explicitly mention the right to vote, this right is protected by a combination of constitutional amendments, federal laws, and state constitutions.
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Amendments to the Constitution extended voting rights in the 19th and 20th centuries
The original U.S. Constitution, adopted in 1787, does not define who may vote in elections for members of Congress and the President. For much of American history, the right to vote was often granted to some but denied to others. However, through a series of amendments to the Constitution, the right to vote was expanded over time.
The 15th Amendment (1870) extended voting rights to men of all races, giving African American men the right to vote. The 19th Amendment (1920) prohibited states from denying the vote on the basis of sex, giving women the right to vote. The 24th Amendment (1964) sought to remove barriers to voting by prohibiting the use of poll taxes, which had been used in some states to keep African Americans from voting in federal elections. The Voting Rights Act of 1965 secured voting rights for adult citizens of all races and genders in the form of federal laws that enforced the amendments.
The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 and the Military and Overseas Voting Empowerment (MOVE) Act of 2009 improved access to voting for military voters and voters living outside the U.S. The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote and required states to maintain more accurate voter registration lists.
While the federal government and the Supreme Court are currently unlikely to protect voting rights in a substantial way, the Constitution gives Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections. This power has been used to establish a single national Election Day and mandate single-member congressional districts.
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Federal laws protect voting rights and make it easier to vote
The US Constitution does not contain an explicit right to vote. However, it does give Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections through the Elections Clause. This power has been used to establish a single national Election Day and mandate single-member congressional districts. Federal laws have been passed over the years to protect Americans' right to vote and make it easier for citizens to exercise that right.
The Civil Rights Acts, including the Civil Rights Act of 1870 and the Voting Rights Act of 1965, created some of the earliest federal protections against discrimination in voting. The 1965 Act prohibited voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English and placed limits on certain states with a history of voter discrimination. These states had to obtain federal approval before passing voter restrictions.
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 and the Military and Overseas Voting Empowerment (MOVE) Act of 2009 improved access to voting for military voters and voters living outside the US. The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote and called for states to maintain more accurate voter registration lists. The Help America Vote Act (HAVA) of 2002 authorised 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.
Other federal laws that protect voting rights and make it easier to vote include the 15th Amendment, which gave African American men the right to vote in 1870; the 19th Amendment, ratified in 1920, which gave women the right to vote; the 24th Amendment, ratified in 1964, which eliminated poll taxes; and the 26th Amendment, ratified in 1971, which lowered the voting age for all elections to 18.
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The Constitution gives Congress the power to determine the Times, Places, and Manner of elections
The U.S. Constitution does not explicitly define the right to vote, and it does not specify who can vote. However, it does give Congress the power to determine the "Times, Places, and Manner" of elections. This is known as the Elections Clause, and it is found in Article I, Section 4 of the Constitution.
The Elections Clause states that Congress may set the rules for how federal elections are held, including the dates, locations, and procedures. Over the years, Congress has used this power to establish a single national Election Day and mandate single-member congressional districts. The Elections Clause was intended to prevent states from refusing to hold elections for federal representatives. It gives Congress the authority to override state election rules, but not to restrict the way states enact legislation.
The Constitution also requires all states to have a representative form of government with elections and majority rule. However, this provision is rarely invoked by Congress or the federal courts. While the federal government has the power to protect voting rights and regulate elections, it often lacks the tools to do so effectively. As a result, states have taken their own actions to protect voting rights, such as removing barriers to voter registration and making it easier to cast ballots.
In addition to the Elections Clause, the Constitution has been amended several times to expand voting rights. The 15th Amendment (1870) granted African American men the right to vote, the 19th Amendment (1920) prohibited denying the vote based on sex, the 24th Amendment (1964) eliminated poll taxes, and the 26th Amendment (1971) lowered the voting age to 18. Federal laws, such as the Voting Rights Act of 1965 and the National Voter Registration Act of 1993, have also been passed to protect voting rights and make it easier for citizens to exercise their right to vote.
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State constitutions can be used to limit partisan gerrymandering
The US Constitution does not explicitly outline a right to vote, although it does give Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections. However, almost all state constitutions do contain a right to vote.
In Davis v. Hildebrant (1916), the Supreme Court held that a state's referendum system to override redistricting legislation was within the legislative power, rejecting the argument that the referendum was not part of the Legislature. The Elections Clause of the Constitution was intended to empower Congress to override state election rules and prevent states from refusing to hold elections for federal Congress.
Despite the federal government's power to regulate elections, it currently lacks the tools to protect voting rights effectively. As a result, individual states have taken action to protect voting rights by removing barriers to voter registration, simplifying the voting process, and passing state-level voting rights acts.
Several state court rulings have found partisan gerrymandering to be impermissible under state constitutions. For example, in Pennsylvania and North Carolina, activists have successfully used state constitutions to limit partisan gerrymandering after the Supreme Court decided that such claims could not be decided by federal courts. In 2018, several state ballot measures passed, requiring non-partisan commissions for the 2020 redistricting cycle.
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Frequently asked questions
The US Constitution refers to the election of members of Congress and of the President, but the document does not define who may vote in these elections. The Elections Clause gives Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections. The 14th Amendment states that all persons born or naturalized in the US are citizens with certain rights, and the Supreme Court has determined that, under the 14th Amendment's Equal Protection Clause, states may require a duration of residency as a qualification to vote.
The 15th Amendment (1870) gave all male citizens the right to vote regardless of their race or prior slave status. The 19th Amendment (1920) prohibited states from denying the vote on the basis of sex. The 24th Amendment (1964) removed barriers to voting by prohibiting poll taxes. The 26th Amendment (1971) lowered the voting age for all elections to 18. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. The National Voter Registration Act (1993) created new ways to register to vote.
While the federal government technically has the power to protect voting rights and regulate elections, it currently lacks the tools to do so in practice. Voting rights cases are typically brought in federal court, but legal observers have suggested they could be brought in state courts instead, as almost all state constitutions explicitly state the right to vote.
