The Constitution And Voting Rights: Who Had The Power?

The United States Constitution came into effect on March 9, 1789, and while it did not originally define who was eligible to vote, it left this to the individual states to determine. Generally, states limited the right to vote to property-owning or tax-paying white males (about 6% of the population). Free Black men could vote in a few states, and New Jersey included unmarried and widowed women who owned property. Over time, voting rights became a bipartisan priority as people worked to enact constitutional amendments and laws expanding access to the vote based on race and ethnicity, gender, disability, age, and other factors.

Voting rights were generally restricted to white males who owned property

When the U.S. Constitution came into effect in 1789, it did not define who was eligible to vote, leaving this to the individual states. As a result, voting rights were generally restricted to white males who owned property, although there were some variations between states. For example, in some states, free Black men were allowed to vote, and New Jersey included unmarried and widowed women who owned property. In New York, non-white males were allowed to vote if they owned $250 worth of property, but this requirement was abolished in 1826. In New Jersey, women could vote until 1807, provided they met the property requirement, and free Blacks could also vote if they met this requirement.

The Naturalization Act of 1790 limited citizenship to "free white persons," which meant that only white male property owners could naturalize and acquire the status of citizens and the vote. This Act, along with the Constitution's lack of a definition of voting eligibility, led to unfair voting practices, with states limiting the right to vote to property-owning or tax-paying white males (about 6% of the population).

The founders of the United States endorsed severe limits on voting, and it was not until the Reconstruction period following the Civil War that Congress passed the Fifteenth Amendment to the Constitution, which declared that people could not be denied the right to vote because of their race. However, this did not prevent states from finding other ways to restrict the vote, such as through poll taxes and literacy tests. It was not until the 1920s, after decades of organizing and activism, that women nationwide won the right to vote with the ratification of the 19th Amendment to the U.S. Constitution. The 26th Amendment, passed later, extended the right to vote to all citizens 18 years of age or older.

Some states allowed free Black men to vote, but many were turned away

When the U.S. Constitution came into effect in 1789, the right to vote was generally restricted to property-owning or tax-paying white males (about 6% of the population). However, a small number of free Black men were among the voting citizens in some states. The Constitution did not define who was eligible to vote, leaving this to the individual states to determine. As a result, voting rights varied across the states, with some allowing only white male adult property owners to vote, while others did not specify race or specifically protected the rights of men of any race to vote.

In some states, such as New Jersey, free Black men could vote if they met the property requirement. In New Jersey, these property requirements were set relatively low. Similarly, in Vermont, all men could vote regardless of their colour or property ownership. In contrast, other states, such as New York, had more restrictive voting laws for "persons of colour". For example, in 1821, 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 to vote.

Despite the expansion of voting rights for some free Black men, many were still turned away at the polls due to discriminatory practices. For example, in the South, Black voters were systematically turned away from state polling places, even after the passage of the Fifteenth Amendment in 1870, which prohibited restricting the right to vote due to race. Southern states employed various tactics to prevent Black men from voting, such as poll taxes, literacy tests, and grandfather clauses. These measures effectively disenfranchised many Black voters and poor white voters, excluding them from the political system for decades.

Additionally, in some states, Native Americans were granted citizenship and, technically, the right to vote. However, they were often turned away at voting booths, as they were not considered "white" and faced discrimination similar to that experienced by other ethnicities, such as Italians, Greeks, and the Irish. Overall, while some states allowed free Black men to vote, the reality on the ground was that many were still disenfranchised and turned away from exercising their voting rights.

Women were largely prohibited from voting, except in a few states

When the U.S. Constitution came into effect in 1789, it did not define who was eligible to vote, leaving this to the individual states to determine. While some states did not specify race, others specifically protected the rights of men of any race to vote. However, women were largely prohibited from voting, except in a few states that allowed unmarried and widowed women to vote, provided they met property requirements.

In the early history of the U.S., some states only allowed white male adult property owners to vote. New Jersey was one such state, permitting women to vote until 1807 as long as they owned property. Similarly, in some local jurisdictions in other northern states, free Black men and women could vote if they met the property requirements. Notably, New Jersey set these property requirements quite low.

The Naturalization Act of 1790 further restricted voting rights by limiting citizenship to "free white persons." This meant that only white male property owners could naturalize, acquire citizenship, and gain the right to vote. Over time, states began to relax property requirements for white male voters, but requirements for people of colour remained unchanged or even increased. For example, in 1821, New York removed property requirements for white males but required "persons of colour" to own $250 worth of property to vote.

It wasn't until the 19th Amendment was added to the U.S. Constitution in 1920 that women gained the right to vote nationwide. This amendment marked the culmination of decades of organizing and activism led by women, with the campaign for women's suffrage beginning in Seneca Falls, New York, in July 1848.

States set their own voting requirements, leading to unfair practices

The United States Constitution, which came into effect on March 9, 1789, did not originally define who was eligible to vote. Instead, it left it up to individual states to determine the voting requirements, which led to unfair practices. While a small number of free Black men were among the voting citizens in some states, the right to vote was generally restricted to property-owning or tax-paying white males, who made up about 6% of the population.

In some states, women could vote if they met the property requirement, but this right was later revoked in states like Washington, Utah, and New Jersey. Additionally, Native Americans were often excluded from citizenship and faced significant barriers to voting, as seen in the case of Alaska Natives.

Over time, various groups worked to secure and protect their right to vote. The Fifteenth Amendment, passed after the Civil War, prohibited restricting the right to vote due to race, and the Nineteenth Amendment granted women the right to vote. However, these amendments did not always translate into equal voting access, and discriminatory practices, such as poll taxes and literacy tests, were used to disenfranchise African Americans and other targeted groups.

The struggle for equal voting rights continued well into the 20th century, with the civil rights movement leading to further legislation like the Voting Rights Act of 1965, which took major steps to curtail voter suppression. Despite these advancements, challenges to voting rights persist, and states have continued to pass restrictive voting laws, disproportionately impacting underrepresented populations.

The Fifteenth Amendment prohibited restricting the right to vote due to race

When the U.S. Constitution came into effect in 1789, it did not define who was eligible to vote, leaving this to the individual states. As a result, only a small number of free Blacks and women were among the voting citizens, and even then, they had to meet certain property requirements. Most states limited the right to vote to white male landowners.

The Fifteenth Amendment, passed in 1870, was the third and final Reconstruction Amendment. It prohibits the federal government and each state from denying or abridging a citizen's right to vote based on "race, color, or previous condition of servitude". The amendment was passed after years of debate in Congress about the rights of millions of black freedmen following the Civil War.

Despite the Fifteenth Amendment, Black voters continued to face barriers to voting, including poll taxes, literacy tests, and violent intimidation by white supremacist groups like the Ku Klux Klan. In addition, the amendment did not address the issue of gender discrimination in voting laws, and women continued to be excluded from the political process in most states until the Nineteenth Amendment was ratified in 1920.

The struggle for equal voting rights continued well into the 20th century, with activists fighting against discriminatory practices such as literacy tests, poll taxes, and English-language requirements aimed at suppressing the votes of people of color, new citizens, and low-income populations. It wasn't until the landmark Voting Rights Act of 1965 that major steps were taken to curtail voter suppression.

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