Jonah Patel
The US Constitution does not explicitly define who can vote, but it does refer to the election of members of Congress and of the President. Amendments to the Constitution have extended the right to vote over the years. The 15th Amendment (1870) extended voting rights to men of all races, the 19th Amendment (1920) prohibited the states from denying the vote on the basis of sex, and the 24th Amendment (1964) removed barriers to voting by prohibiting poll taxes. The Voting Rights Act of 1965 secured voting rights for adult citizens of all races and genders, and prohibited voter discrimination based on race, colour, or membership in a language minority group. The 26th Amendment (1971) lowered the voting age for all elections to 18. While voting rights cases are typically brought to federal court, legal observers have suggested they could be brought in state courts instead.
| Characteristics | Values |
|---|---|
| Voting rights | Protected by the Equal Protection Clause |
| Voting qualifications | States may require a duration of residency |
| Voting requirements | Government-issued photo ID |
| Voting age | Lowered to 18 in 1971 |
| Poll tax | Prohibited in 1964 |
| Voting restrictions | Cannot be based on race or colour |
| Voter registration | Must be enrolled in a political party of choice 30 days prior to the general election |
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What You'll Learn
The Fifteenth Amendment
The Enforcement Act of 1870, also known as the Civil Rights Act of 1870 or the First Ku Klux Klan Act, empowered President Ulysses S. Grant to enforce the Fifteenth Amendment by making it illegal to disenfranchise Black voters. This Act allowed the president to use federal marshals to bring charges against offenders. Despite these measures, African Americans continued to face voting discrimination for decades.
In 1965, President Lyndon B. Johnson urged Congress to pass the Voting Rights Act, which was designed to abolish all remaining barriers to voting and authorized federal supervision of voter registration. This Act extended and strengthened the protections of the Fifteenth Amendment by giving the federal government and individuals the tools to challenge racially discriminatory voting practices. While the Fifteenth Amendment was a crucial step forward, it was just one part of the ongoing struggle for African Americans to fully participate in American civic life, which continued for over a century.
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The Nineteenth Amendment
The road to achieving this milestone was long and challenging, spanning decades of agitation and protest by women's rights activists. The movement for women's suffrage in the U.S. gained momentum in the mid-19th century, with the 1848 Seneca Falls Convention in New York marking a significant turning point. The convention, attended by nearly 300 women and men, advocated for equality between the sexes and included a resolution urging women to secure the right to vote.
Despite facing fierce resistance, arrest, and even physical abuse, women's suffrage supporters persisted through lecturing, writing, lobbying, and civil disobedience. Their efforts resulted in the introduction of the amendment in Congress in 1878. However, it was not until June 4, 1919, that the joint resolution proposing the Nineteenth Amendment was approved by Congress.
The certification of the Nineteenth Amendment's adoption on August 26, 1920, marked a significant victory for women's rights in the U.S., ensuring that women's voices would be heard and their political participation guaranteed.
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The Twenty-Fourth Amendment
> right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
The amendment was a significant step in advancing voting rights and civil rights more broadly. It was also a foundation for further political movements. President Lyndon B. Johnson celebrated the amendment as a "triumph of liberty over restriction" and "a verification of people's rights".
Despite the Twenty-Fourth Amendment, some states continued to maintain their poll taxes in opposition to the new law. In the 1965 Supreme Court case Harman v. Forssenius, the Court found that measures such as Virginia's "escape clause", which allowed prospective voters to file paperwork and obtain a certificate of residence in lieu of paying the poll tax, were unconstitutional. It was not until 1966, in the case of Harper v. Virginia Board of Elections, that poll taxes for any level of elections were ruled unconstitutional by the Supreme Court.
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The Twenty-Sixth Amendment
> "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."
Public figures, including Senator Harley Kilgore and First Lady Eleanor Roosevelt, had advocated for lowering the voting age as early as the 1940s. However, it wasn't until the late 1960s and early 1970s that the movement gained widespread support, with increasing public opposition to the Vietnam War and growing political and social activism among young Americans. Despite opposition from some, who questioned the maturity and responsibility of 18-year-olds, the Twenty-Sixth Amendment passed faster than any other constitutional amendment, reflecting the urgency and significance of the issue.
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Federal laws and the Supreme Court
The Supreme Court, through its interpretations and rulings, has also influenced voting rights. In San Antonio School District v. Rodriguez (1973), the Court acknowledged that the right to vote was not explicitly or implicitly guaranteed in the Constitution. However, citizens' "constitutionally protected right to participate in elections" is safeguarded by the Equal Protection Clause, as affirmed in Dunn v. Blumstein (1972). The Court has invalidated excessive durational residency requirements, such as in Dunn v. Blumstein, and poll tax requirements, as seen in Harper v. Virginia State Board of Elections (1966) and Crawford v. Marion County Election Board (2008).
The Supreme Court has also addressed voting rights for specific groups, such as prisoners. In McDonald v. Board of Election Commissioners (1969), the Court held that the failure to provide absentee balloting for unconvicted jail inmates did not deny equal protection if they could vote through other means. On the other hand, in O'Brien v. (citation unavailable), the Court ruled against a statute that denied absentee registration and voting rights to individuals awaiting trial or serving misdemeanour sentences.
In terms of redistricting, the Supreme Court's equal protection jurisprudence has been significant. Under the Fourteenth Amendment's Equal Protection Clause, the Court has interpreted that electoral districts within a redistricting map should contain an approximately equal number of people. This has implications for ensuring fair representation and preventing partisan gerrymandering.
While the federal government and the Supreme Court have played a role in shaping voting rights, there have been limitations. For example, a 2013 Supreme Court decision struck down a rule from the Voting Rights Act of 1965 that required certain states with a history of voter discrimination to obtain federal approval before passing voter restrictions. Additionally, the Court's failure to act on voting rights cases in recent years has been criticised, with some arguing that it is now up to individual states to take action to protect voting rights.
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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. Amendments to the Constitution extended the right to vote in the 19th and 20th centuries.
The 15th Amendment (1870) extended voting rights to men of all races. The 19th Amendment (1920) prohibited the states from denying the vote on the basis of sex. The 24th Amendment (1964) sought to remove barriers to voting by prohibiting a poll tax. The 26th Amendment (1971) lowered the voting age for all elections to 18.
Some landmark cases regarding voting rights include:
- Dunn v. Blumstein, 405 U.S. 330 (1972)
- Harper v. Virginia State Board of Elections (1966)
- Hadnott v. Amos, 394 U.S. 358 (1971)
- Hunt v. Cromartie, 526 U.S. 541 (1999)
- Hunter v. Underwood, 471 U.S. 222 (1985)
- Richardson v. Ramirez, 418 U.S. 24 (1974)
- Wright v. Rockefeller, 376 U.S. 52 (1964)
