Omissions In The 1792 Constitution: Voting Rights

what was omitted in the 1792 constitution statement about voting

The original 1789 US Constitution did not define who was eligible to vote, leaving it to the states to determine who could vote in elections. This led to a situation where only white male landowners could vote in some states, while others allowed free Black men to vote, and a few even allowed women to vote, provided they met property requirements. The 1792 Constitution removed religious tests as a qualification to hold office or public trust. However, it did not address the issue of voting rights for racial minorities, women, and those without property. Amendments and legislation following the Civil War and during the Civil Rights Movement were necessary to extend voting rights to these groups.

Characteristics Values
Date March 9, 1789
Voting rights Granted to a small number of free Blacks, men of property, and white men with property
Voting requirements Determined by each state
Property qualifications Required for voting in some states
Religious tests Used in some states to restrict voting to Christian men
Women's suffrage Women were largely prohibited from voting, except in New Jersey until 1807 and some local jurisdictions in other northern states
Free Black males Lost the right to vote in several Northern states, including Pennsylvania and New Jersey
Naturalization Act of 1790 Limited citizenship to "free white persons," effectively restricting voting rights to white male property owners
Abolition of property qualifications From 1792 in New Hampshire to 1856 in North Carolina
Tax-paying qualifications Remained in five states in 1860: Massachusetts, Rhode Island, Pennsylvania, Delaware, and North Carolina

cycivic

The right to vote was not explicitly mentioned

The original US Constitution, which came into effect on March 9, 1789, did not explicitly mention the right to vote. Instead, it left the details of voting requirements to the individual states. This resulted in a varied landscape of voting rights across the nation, with some states restricting voting rights to white male adult property owners, while others did not specify race or protected the rights of men of any race to vote. Notably, women were largely prohibited from voting, except in New Jersey until 1807 and some local jurisdictions in other northern states, provided they met property requirements.

The absence of a clear right to vote in the original Constitution allowed for the perpetuation of unfair voting practices and discriminatory state and local laws, such as literacy tests, poll taxes, and religious tests. These practices were used to deny voting rights to immigrants, non-white citizens, Native Americans, and other "undesirable" groups. Over time, the federal role in elections increased through amendments to the Constitution and enacted legislation, extending voting rights to a broader cross-section of society.

The Fourteenth Amendment, passed in 1868, granted citizenship to all natural-born or naturalized Americans regardless of race and guaranteed that rights of citizenship, like voting, could not be restricted by the states. The Fifteenth Amendment further strengthened voting rights by prohibiting the restriction of the right to vote based on race. The Seventeenth Amendment required states to elect senators by popular vote, and the Nineteenth Amendment extended voting rights to all women.

While these amendments represented significant progress, they did not explicitly state the right to vote in the main body of the Constitution. Instead, they focused on prohibiting specific forms of discrimination and extending voting rights to specific groups. It is important to note that the right to vote for citizens aged 18 and above was finally addressed in the Twenty-Sixth Amendment, which explicitly stated that the right to vote for those 18 and older "shall not be denied or abridged by the United States or any state on account of age."

In summary, while the original US Constitution omitted an explicit mention of the right to vote, subsequent amendments and legislation have worked to expand and protect voting rights for a more inclusive democracy.

cycivic

Voting rights for women

The fight for women's suffrage began in the mid-19th century and continued well into the 20th century. Early women's rights advocates argued that denying women the right to vote was a violation of their inherent rights as citizens. They challenged the idea that women were inherently inferior to men and therefore unfit to participate in the political process.

The women's suffrage movement gained momentum in the late 19th and early 20th centuries, with women organizing marches, petitions, and protests to demand their right to vote. They faced significant opposition, including ridicule, violence, and arrest. However, they persisted, and their efforts gradually led to changes in laws and societal attitudes.

It is important to note that the struggle for women's voting rights was not universal, and even within countries that granted women the right to vote, there were often restrictions based on race, class, or property ownership. In some countries, women's suffrage was granted as part of broader democratic reforms, while in others, it was the result of specific campaigns and advocacy efforts.

Today, women's voting rights are recognized as a fundamental aspect of democracy and a critical component of gender equality. While there may still be disparities and challenges in specific contexts, the global consensus supports the equal political participation of women and men. The journey towards full gender equality in voting rights continues, with ongoing efforts to address barriers, including cultural norms, educational disparities, and structural obstacles, to ensure women's full engagement in the political process.

cycivic

Voting rights for racial minorities

The original US Constitution, which came into effect in 1789, did not define who was eligible to vote, leaving this to the individual states. As a result, only a small number of free Blacks were among the voting citizens (men of property) in some states. In most states, only white male adult property owners could vote.

In 1790, the Naturalization Act limited citizenship to "free white persons". In practice, this meant that only white male property owners could naturalize and acquire the status of citizens, and the vote. From 1792 to 1838, free black males lost the right to vote in several Northern states, including Pennsylvania and New Jersey.

In 1821, the state of New York held a constitutional convention that removed property requirements for white male voters but required that "persons of colour" own $250 worth of property in order to vote. The proportion of African Americans who were free and thus potential voters steadily increased until slavery was abolished in New York in 1827.

The Fourteenth Amendment to the Constitution (1868) granted African Americans the rights of citizenship, but this did not translate into the ability to vote. Black voters were systematically turned away from many state polling places. The Fifteenth Amendment (1870) was supposed to prevent states from denying the right to vote based on race, but states still found ways to prevent black men from voting.

During the Reconstruction period following the Civil War, many states, particularly in the South, used a range of barriers, such as poll taxes and literacy tests, to deliberately reduce voting among African American and Native American men, immigrants, and other groups. This period saw the rise of Jim Crow laws, which were used to deny voting rights to non-white citizens, Native Americans, and other locally "undesirable" groups.

It wasn't until the 1960s that the struggle for equal voting rights came to a head, with many states, especially in the South, continuing to enforce policies aimed at suppressing the vote among people of colour. The landmark Voting Rights Act of 1965 took major steps to curtail voter suppression.

cycivic

Voting rights for non-property owners

Voting rights in the United States have historically been restricted to a small subset of society—white male landowners. The US Constitution, which came into effect on March 9, 1789, did not initially define who was eligible to vote, leaving it up to individual states to determine voter eligibility. As a result, voting rights varied across states, with some allowing only white male adult property owners to vote, while others did not specify race or protected the rights of men of any race to vote. Notably, women and men without property were largely prohibited from voting.

In 1790, the Naturalization Act restricted citizenship to "free white persons," effectively limiting the right to vote to white male property owners. From 1792 to 1856, several states, including New Hampshire and North Carolina, abolished property qualifications for white men, but tax-paying qualifications remained in some states until the 20th century. During this period, free black males lost the right to vote in several Northern states, and discriminatory practices, such as literacy tests and poll taxes, were used to deny voting rights to immigrants, non-white citizens, and Native Americans.

The Fourteenth Amendment, ratified in 1868, extended citizenship to all natural-born or naturalized Americans regardless of race and guaranteed that rights of citizenship, like voting, could not be restricted by the states. The Fifteenth Amendment, ratified in 1870, further protected voting rights by prohibiting restrictions based on race. However, despite these amendments, discriminatory practices persisted, and African Americans continued to face barriers to voting.

It wasn't until the 19th and 20th centuries that voting rights were extended to non-property owners, women, and those between the ages of 18 and 21 through reforms and constitutional amendments. The 19th Amendment, ratified after a sustained campaign led by women, granted women the right to vote. The 26th Amendment lowered the voting age to 18, ensuring that citizens aged 18 and older could not be denied the right to vote based on age. These amendments, along with civil rights legislation, played a crucial role in expanding voting rights and protecting them from unfair voting practices.

cycivic

Voting rights for non-Christians

Voting rights in the United States have historically excluded non-Christians, with the founding fathers of the US Constitution accepting and endorsing severe limits on voting rights. The US Constitution, which came into effect on March 9, 1789, left it to the states to determine who was qualified to vote in elections. While the Constitution did not explicitly mention voting rights for non-Christians, it is important to note that it granted the states the power to set voting requirements.

In the early history of the United States, some states restricted voting rights to white male adult property owners, while others did not specify race or protected the voting rights of men regardless of race. However, religious tests were employed in some states to ensure that only Christian men could vote. For example, the Delaware Constitution of 1776 required officeholders to declare their faith in God, Jesus Christ, and the Holy Ghost, as well as acknowledge the holy scriptures of the Old and New Testament. This was later repealed by the 1792 Constitution, which stated that "No religious test shall be required as a qualification to any office, or public trust, under this State".

Despite this repeal, voting rights for non-Christians remained limited. The Naturalization Act of 1790 limited citizenship to "free white persons," effectively excluding non-Christians from acquiring citizenship and the right to vote. Additionally, free black males lost the right to vote in several Northern states during this period, further restricting voting rights for non-Christian populations.

It is important to note that the expansion of voting rights in the United States has been a gradual process. Over time, amendments to the Constitution and legislation passed during the civil rights movement have extended voting rights to non-whites, women, those without property, and young adults between the ages of 18 and 21. The Fourteenth Amendment, Fifteenth Amendment, Nineteenth Amendment, and Twenty-Sixth Amendment have all played a significant role in expanding voting rights and prohibiting discrimination based on race, gender, and age.

In conclusion, while the 1792 Constitution omitted specific references to voting rights for non-Christians, the broader context of voting rights in the United States during that period suggests that non-Christians were likely excluded from voting in many states. The expansion of voting rights has been a continuous struggle, with amendments and legislation gradually breaking down barriers to create a more inclusive and democratic society.

Frequently asked questions

The 1792 Constitution repealed the Delaware Constitution of 1776, which stated that only those who "professed faith in God the Father, and in Jesus Christ His only Son, and in the Holy Ghost, one God, blessed for evermore" could hold office. The 1792 Constitution stated that "No religious test shall be required as a qualification to any office, or public trust, under this State".

The 1792 Constitution, like the original US Constitution, did not define who was eligible to vote, leaving this to the individual states. This led to unfair voting practices, with only white male landowners being allowed to vote in some states.

The original US Constitution did not grant women the right to vote. Women could vote in New Jersey until 1807, as long as they met the property requirement, and in some local jurisdictions in other northern states. It wasn't until the 19th Amendment was added to the Constitution in 1920 that women gained the right to vote nationwide.

By the time the US Constitution came into effect in 1789, a small number of free Black men were among the voting citizens in some states. However, this changed over time, and African Americans had to fight for their right to vote. The 15th Amendment, ratified in 1870, declared that people could not be denied the right to vote because of their race, but many states, particularly in the South, used poll taxes and literacy tests to deliberately reduce voting among African Americans.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment