Simone Lawson
The 26th Amendment of the U.S. Constitution, ratified on July 1, 1971, lowered the voting age from 21 to 18 years, extending the right to vote to all Americans aged 18 and older. The amendment was passed by Congress on March 23, 1971, and signed into law by President Richard Nixon on July 5, 1971. The 26th Amendment addressed a long-standing debate over voting rights for young people, particularly those who were old enough to fight in wars but not allowed to vote.
| Characteristics | Values |
|---|---|
| Date of proposal | May 29, 1968 |
| Date passed by Congress | March 23, 1971 |
| Date ratified | July 1, 1971 |
| Date signed into law | July 5, 1971 |
| Voting age before the amendment | 21 |
| Voting age after the amendment | 18 |
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What You'll Learn
The 26th Amendment lowered the voting age from 21 to 18
The 26th Amendment to the US Constitution, ratified on July 1, 1971, lowered the voting age from 21 to 18 years. The amendment was passed by Congress on March 23, 1971, and signed into law by President Richard Nixon on July 5, 1971.
Before the 26th Amendment, states had the authority to set their own minimum voting ages, which was typically 21. However, there were growing calls to lower the voting age, particularly from young people who were being drafted to fight in World War II and the Vietnam War without having the right to vote. This led to the slogan "old enough to fight, old enough to vote".
In 1941, Senator Harley Kilgore began advocating for a lowered voting age, and he was supported by fellow senators, representatives, and First Lady Eleanor Roosevelt. In 1942, during World War II, President Franklin D. Roosevelt lowered the minimum age for the military draft to 18, which intensified the debate over lowering the voting age. Despite this, Congress failed to pass any national change.
In the 1950s and 1960s, young people's participation in the civil rights movement and other social and political movements, as well as increasing high school graduation rates and access to political information, contributed to the growing support for a lower voting age. In 1954, President Dwight D. Eisenhower became the first president to publicly support lowering the voting age, and in 1968, President Johnson proposed an immediate national grant of the right to vote to 18-year-olds.
In 1970, the US Supreme Court ruled in Oregon v. Mitchell that Congress had the power to set the minimum voting age for federal elections but not for state or local elections. This led to the proposal of the 26th Amendment, which was passed by the Senate and House in March 1971 and ratified by the requisite three-quarters of state legislatures (38 states) in just over two months, making it the fastest amendment to be ratified in US history.
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The Amendment was ratified on July 1, 1971
The 26th Amendment to the U.S. Constitution was ratified on July 1, 1971, and it officially lowered the voting age from 21 to 18. The amendment was passed by Congress on March 23, 1971, and it was signed into law by President Richard Nixon on July 5, 1971.
The road to the 26th Amendment was a long one, with the movement to lower the voting age gaining grassroots traction in the 1940s. In 1941, Senator Harley Kilgore began advocating for a lowered voting age in the 77th Congress. Despite the support of fellow senators, representatives, and First Lady Eleanor Roosevelt, Congress failed to pass any national change. However, public interest in lowering the voting age gained momentum at the local level, with the Georgia and Kentucky legislatures approving measures to lower the voting age to 18 in 1943 and 1955, respectively.
In 1954, President Dwight D. Eisenhower became the first president to publicly support prohibiting age-based denials of suffrage for those 18 and older. In his State of the Union address, he declared:
> "For years our citizens between the ages of 18 and 21 have, in time of peril, been summoned to fight for America. They should participate in the political process that produces this fateful summons. I urge Congress to propose to the States a constitutional amendment permitting citizens to vote when they reach the age of 18."
Despite Eisenhower's support and the growing grassroots movement, it wasn't until the mid-1960s, with the escalation of the Vietnam War, that the push for a lower voting age gained widespread public support. Young men were being drafted to fight in a war they had no political authority to vote on, and this discrepancy led to the slogan, "old enough to fight, old enough to vote."
In 1968, Senator Birch Bayh's subcommittee on constitutional amendments began hearings on extending voting rights to 18-year-olds. Finally, on March 10, 1971, the U.S. Senate voted unanimously in favor of the proposed amendment, followed by an overwhelming majority of the House voting in favor on March 23. Just over two months later, on July 1, 1971, the necessary three-quarters of state legislatures (38 states) had ratified the 26th Amendment, and it officially went into effect.
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It passed through the Senate, House and states quickly
The 26th Amendment, which lowered the voting age in the United States from 21 to 18, passed through the Senate, House, and states in record time. The movement to lower the voting age gained grassroots support when President Dwight D. Eisenhower expressed his support in his 1954 State of the Union address. He argued that if 18-year-olds were old enough to fight for their country, they should be able to participate in the political process that sent them to war.
In the mid-1960s, with the United States embroiled in the Vietnam War, youth voting rights activists held marches and demonstrations to draw attention to the hypocrisy of drafting young men who lacked the right to vote. In 1969, 60 resolutions were introduced in Congress to lower the minimum voting age, but none resulted in any action. Finally, on March 10, 1971, the Senate voted unanimously in favor of a Constitutional amendment lowering the voting age to 18. This was followed by an overwhelming majority of the House voting in favor on March 23.
In just over two months, the necessary three-quarters of state legislatures (38 states) ratified the 26th Amendment, and it officially went into effect on July 1, 1971. President Nixon signed it into law on July 5, 1971. The 26th Amendment passed faster than any other Constitutional amendment, but it was the culmination of a decades-long, multi-generational fight dating back to World War II.
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The Vietnam War escalated the need for the Amendment
The Vietnam War escalated the need for the 26th Amendment, which lowered the voting age from 21 to 18. The conflict in Vietnam saw many young men, ineligible to vote, conscripted to fight and risk their lives. This prompted the emergence of a youth rights movement, advocating for the right to vote at the age of 18. The slogan "old enough to fight, old enough to vote" became a rallying cry for this movement. The discrepancy between being able to serve in the military but not having the right to vote highlighted the need for change.
During the 1960s, Congress and state legislatures faced increasing pressure to lower the voting age. The Vietnam War played a significant role in this, as it brought to light the unfairness of young men being conscripted to fight without having a say in the government's decisions. This mobilization of constituents during the war escalated the push for a constitutional amendment.
Public officials, such as Senator Harley Kilgore, First Lady Eleanor Roosevelt, and President Dwight D. Eisenhower, had expressed support for lowering the voting age as early as the 1940s and 1950s. However, it was the Vietnam War that intensified the youth voting rights movement and brought the issue to the forefront of national attention. The war created a sense of urgency, as young people felt they should have a say in the decisions that led to their conscription and potential sacrifice.
The 26th Amendment was passed by Congress on March 23, 1971, and ratified on July 1, 1971. It extended the right to vote to all Americans aged 18 and older, ensuring that young people had a voice in the political processes that directly impacted their lives, including the decision to engage in conflicts like the Vietnam War. This amendment addressed a significant domestic controversy that emerged amid the Cold War era, reflecting the changing societal attitudes towards youth agency and political participation.
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The Amendment faced legal challenges after ratification
The 26th Amendment to the U.S. Constitution, ratified on July 1, 1971, lowered the voting age to 18 years. This amendment came into effect after being ratified by 38 states, with Ohio's House of Representatives casting the decisive vote.
Despite its swift passage, the 26th Amendment has faced legal challenges since its ratification. One of the earliest challenges came in the case of Oregon v. Mitchell, where the Supreme Court ruled that Congress could set the minimum voting age for federal elections but not for state elections. This decision prompted the proposal and passage of the 26th Amendment to ensure 18-year-olds could vote in all elections.
Following its ratification, the 26th Amendment has been invoked in legal challenges regarding voter identification laws and state residency requirements, particularly for college students. Courts have consistently ruled that the amendment does not confer protections outside of voting, rejecting arguments for extending it to areas like jury service, holding public office, or drinking.
One notable example is the "Rogers Law" in Michigan, which required voters' addresses to match their driver's licenses or state IDs. This, combined with the requirement for in-person voting, created unique challenges for students at Michigan State University, as they faced difficulties in establishing domicile in that state. While the Supreme Court has struck down some onerous residency requirements, states continue to grapple with ensuring that students can vote easily without changing their home addresses.
Another area of contention is the interpretation of the amendment's impact on state power. While the amendment prohibits states from discriminating among voters based on age for those 18 and older, some have argued that it grants Congress the authority to bar states from enacting certain types of restrictions that indirectly make it harder for young citizens to vote. This interpretation could enable Congress to streamline residency requirements and impose uniform standards to alleviate confusion among students and first-time voters.
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Frequently asked questions
The 26th Amendment was added to the Constitution on July 1, 1971.
The 26th Amendment lowered the voting age in the United States from 21 to 18.
The 26th Amendment was passed by Congress on March 23, 1971, and ratified by three-quarters of state legislatures (38 states) on July 1, 1971. It was signed into law by President Nixon on July 5, 1971.
The 26th Amendment extended the right to vote to approximately 10 million young people in the United States. However, youth voter turnout has historically been 20 to 30 points lower than that of older voters.
The 26th Amendment addressed the discrepancy between the minimum age for military service (18) and the minimum age for voting (21). This discrepancy led to the slogan "old enough to fight, old enough to vote."
