The Constitution's Voting Rights: Where Are They?

Voting rights in the United States are governed by the Constitution, federal laws, and state laws. Surprisingly, the original text of the Constitution does not explicitly mention that citizens have the right to vote in elections. Instead, it gives states the responsibility for overseeing federal elections and determining voter qualifications. The Elections Clause grants Congress the power to regulate the times, places, and manner of elections, and the Constitution also mandates representative governments and majority rule in states. Amendments like the Fifteenth, Nineteenth, and Twenty-sixth Amendments protect voting rights by prohibiting discrimination based on race, sex, and age (18 and older). Federal laws like the Civil Rights Acts, the Voting Rights Act, and the National Voter Registration Act also strengthen voting rights and accessibility.

Explore related products

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$19.99 $3.89

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

Lillian's Right to Vote: A Celebration of the Voting Rights Act of 1965

$13.48 $18.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.4 $45

The History of the Constitution: Notable Events for Young Readers

$4.99 $7.99

Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Anthem Studies in Law Reform, 1)

$19.99 $90

Voting rights are governed by federal law and the US Constitution

Voting rights in the United States are governed by federal law and the US Constitution. While the original text of the Constitution does not explicitly mention a right to vote, subsequent amendments and federal laws have been passed to protect and expand voting rights.

The US Constitution, through the Elections Clause, gives Congress and the federal government the authority 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. Additionally, the Constitution requires all states to have a representative form of government with elections and majority rule.

Several constitutional amendments have been ratified to protect and expand voting rights. The Fifteenth Amendment, ratified after the Civil War, prohibits the government from denying a citizen's right to vote based on "race, colour, or previous condition of servitude". This amendment enfranchised African American men, who had previously been excluded from voting in many states. The Nineteenth Amendment, ratified in 1920, granted women the right to vote. The Twenty-fourth Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise African Americans. The Twenty-sixth Amendment, ratified in 1971, lowered the voting age to 18 for all elections.

Federal laws have also played a significant role in protecting voting rights. The Civil Rights Acts, including the Voting Rights Act of 1965, prohibited voter discrimination based on race, colour, or membership in a language minority group. The Voting Accessibility for the Elderly and Handicapped Act of 1984 required polling places to be accessible to people with disabilities. The National Voter Registration Act of 1993 created new ways to register to vote and improved the accuracy of voter registration lists. These federal laws work in conjunction with the US Constitution to safeguard the voting rights of citizens and ensure fair and accessible elections.

The original text does not explicitly state citizens have the right to vote

The original text of the U.S. Constitution does not explicitly state that citizens have the right to vote. Instead, the authority to protect voting rights comes from amendments adopted after the Civil War and legislation passed during the civil rights movement. The Fourteenth Amendment, ratified in 1868, granted citizenship to all persons born or naturalized in the United States. The Fifteenth Amendment, ratified in 1870, prohibited the government from denying a citizen the right to vote based on that citizen's "race, colour, or previous condition of servitude". This gave African American men the right to vote, although many were still unable to exercise this right due to literacy tests and other barriers implemented by certain states.

The Elections Clause gives Congress and the federal government the power to determine the "times, places, and manner" of congressional elections. Congress has used this power to establish a single national Election Day and mandate single-member congressional districts. However, this power does not extend specifically to voting qualifications, and each state is given considerable discretion to establish these within its jurisdiction.

The U.S. Constitution also requires all states to have a representative form of government with elections and majority rule, but this part of the Constitution is rarely invoked by Congress or the federal courts. While the original text of the Constitution may not explicitly state the right to vote, citizens have a "constitutionally protected right to participate in elections", which is protected by the Equal Protection Clause.

Federal laws also govern voting rights and make it easier for citizens to exercise their right to vote. The Civil Rights Acts created some of the earliest federal protections against discrimination in voting, with the Voting Rights Act of 1965 prohibiting voter discrimination based on race, colour, or membership in a language minority group. The Voting Accessibility for the Elderly and Handicapped Act of 1984 required polling places to be accessible to people with disabilities. The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote, and the Help America Vote Act (HAVA) of 2002 authorized federal funding of elections and created the U.S. Election Assistance Commission (EAC) to help states adopt minimum standards on voter education, registration, and ballots.

States were left with the power to decide who qualified to vote

The U.S. Constitution does not explicitly mention that citizens have the right to vote in elections. Instead, it gives states the power to decide who is qualified to vote, leading to considerable variation in the nation's early years. While most states initially restricted voting to property-owning or tax-paying white men, some states, like New Jersey, allowed free Black men and women of both races to vote if they met the property or tax requirements. Wyoming, for instance, granted women the right to vote in 1869, long before the passage of the 19th Amendment in 1920, which gave all American women the right to vote.

The Elections Clause of the Constitution gives Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections. However, this does not extend specifically to voting qualifications. The Constitution requires all states to have a representative form of government with elections and majority rule, but this provision is rarely invoked by Congress or the federal courts. The original Constitution gave states a primary role in deciding who gets to vote, not only in state and local elections but also in federal elections.

The authority to protect voting rights stems from later amendments and legislation, such as the 14th Amendment, which guarantees that rights of citizenship, like voting, cannot be restricted by the states, and the 15th Amendment, which prohibits restricting the right to vote due to race. The 19th Amendment, ratified in 1920, gave women the right to vote, and the 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections.

Federal laws and Supreme Court rulings have also played a role in protecting voting rights. The Civil Rights Act of 1870 created some of the earliest federal protections against discrimination in voting, and the Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. The Voting Rights Act of 1965 also required certain places to provide election materials in languages other than English 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 called for states to maintain more accurate voter registration lists.

Explore related products

The Canadian Constitution

$9.99

Wallbuddy The Constitution of the United states of America Set of 4 Prints - Unframed Declaration of Independence, US Constitution & Bill of Rights Reproduction Posters for Classroom (12x16)

$19.99 $20.99

The Canadian Constitution

$11.99 $23.99

A War of Sections: How Deep South Political Suppression Shaped Voting Rights in America

$25.34 $36.95

Civil Rights, the Constitution, and Congress, 1863-1869

$44.06 $54.99

No Democracy Lasts Forever: How the Constitution Threatens the United States

$18.99 $19.99

The Fifteenth Amendment prohibits voting discrimination based on race, colour, or previous condition of servitude

The Fifteenth Amendment to the United States Constitution (Amendment XV) was ratified on February 3, 1870, as the third and final Reconstruction Amendment. The Fifteenth Amendment prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, colour, or previous condition of servitude".

In the final years of the American Civil War and the Reconstruction Era that followed, Congress debated the rights of millions of freed black people. By 1869, amendments had been passed to abolish slavery, provide citizenship, and ensure equal protection under the laws. However, despite these amendments, many Black Americans were still unable to exercise their right to vote due to various discriminatory practices. Some states used literacy tests, poll taxes, and other barriers to make it more difficult for African Americans to vote.

The Fifteenth Amendment was passed to address this issue and protect the voting rights of Black male voters. It nullified sophisticated and simple-minded modes of discrimination and ensured that citizens of all races with the same qualifications were permitted to vote by law. The Amendment also empowered Congress to enforce this right through "appropriate legislation".

Despite the Fifteenth Amendment, it is worth noting that voting discrimination against racial minorities in the United States continued well into the 20th century. For example, in the case of United States v. Reese (1876), the Supreme Court interpreted the amendment narrowly, upholding ostensibly race-neutral limitations on suffrage, including poll taxes and literacy tests. It was not until the Voting Rights Act of 1965 that further protections were put in place at a federal level, prohibiting voter discrimination based on race, colour, or membership in a language minority group.

The Voting Rights Act of 1965 prohibits voter discrimination based on race, colour, or language

Surprisingly, the original text of the US Constitution does not mention that citizens have the right to vote. Instead, it states that anyone eligible to vote for the largest house of a state legislature is also eligible to vote for members of the House of Representatives from that state.

The US Constitution does, however, give states the responsibility of overseeing federal elections. The Elections Clause gives Congress and the federal government the power to determine the "times, places, and manner" of congressional elections.

The Voting Rights Act of 1965 has been amended several times since its enactment. In 2006, Congress amended the Act to explicitly define "purpose" to mean "any discriminatory purpose" under Section 5. In 2013, the Supreme Court struck down the coverage formula used to determine which jurisdictions were subject to the Act's special provisions as unconstitutional. This ruling substantially weakened the Act, as it rendered Section 5 unenforceable. Despite these changes, the Voting Rights Act of 1965 remains one of the most important safeguards for Black Americans and other minority groups' voting rights.

Frequently asked questions