Voting Age: Where Is It In The Constitution?

where is the voting age in the constitution

The voting age is enshrined in the constitutions of many countries, with most nations setting it at 18 years. The Twenty-sixth Amendment to the United States Constitution, ratified in 1971, lowered the voting age from 21 to 18, bringing it in line with many other nations. This amendment was driven by the military draft during the Vietnam War, which conscripted young men aged 18–21, sparking the sentiment that those old enough to fight for their country were old enough to vote. Since then, there have been calls to lower the voting age further, with some countries, such as Scotland, Austria, and Brazil, allowing 16-year-olds to vote in certain elections.

Characteristics Values
Country United States
Amendment Twenty-Sixth Amendment
Voting Age 18
Previous Voting Age 21
Year of Amendment 1971
Date of Amendment July 1
Previous Criteria None
Year of Previous Voting Age 1890
States with Different Voting Ages Oregon, Washington, Georgia

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The Twenty-sixth Amendment to the US Constitution

> "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. The Congress shall have power to enforce this article by appropriate legislation."

Before the Twenty-sixth Amendment, the voting age in most states was 21, and states had the authority to set their own minimum voting ages. The drive to lower the voting age from 21 to 18 grew across the country during the 1960s, driven in part by the military draft for the Vietnam War. Young men between the ages of 18 and 21 were being conscripted to serve in the military and fight in a war they had no political authority to vote on. This led to the emergence of a youth rights movement with the slogan "old enough to fight, old enough to vote".

In 1941, Senator Harley Kilgore began advocating for a lowered voting age, and his proposal was endorsed by fellow senators, representatives, and First Lady Eleanor Roosevelt. However, Congress failed to pass any national change. In 1954, newly elected President Dwight D. Eisenhower expressed his support for lowering the voting age during his State of the Union address, urging Congress to propose a constitutional amendment. Despite this, attempts to establish a national standardised voting age were met with opposition from the states.

It was not until the mid-1960s, when the American public became disillusioned by the Vietnam War, that the movement to lower the voting age gained widespread support. On May 29, 1968, Johnson proposed an immediate national grant of the right to vote to 18-year-olds. The proposed amendment to lower the voting age for all levels of government was passed by both chambers of Congress in March 1971. The Senate voted 94–0 in favour, while the House of Representatives voted 401–19 in favour. The amendment was then sent to the states for ratification and swiftly ratified on July 1, 1971, marking the shortest interval between Congressional approval and ratification of an amendment in US history.

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The right to vote at 18

The Twenty-sixth Amendment to the United States Constitution guarantees that citizens of the United States who are eighteen years of age or older have the right to vote. This amendment, ratified on July 1, 1971, lowered the voting age from 21 to 18, ensuring that eligible citizens cannot be denied the right to vote based on their age. The text of the amendment states: "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."

The drive to lower the voting age from 21 to 18 gained momentum during the 1960s, influenced by several factors. One significant factor was the military draft for the Vietnam War, which conscripted young men between the ages of 18 and 21 into the armed forces. With these citizens being asked to risk their lives for their nation, the discrepancy between their lack of voting rights and their ability to be drafted for war sparked a youth rights movement with the slogan "old enough to fight, old enough to vote."

Additionally, increasing high school graduation rates and young people's engagement in political and social activism, such as the civil rights movement, contributed to the push for a lower voting age. The rise of new technologies also provided young people with greater access to political information, fostering a growing national awareness of the process of crafting laws and constitutional amendments.

Despite facing legal challenges and opposition from some states, the Twenty-sixth Amendment passed faster than any other constitutional amendment. The amendment asserts that Congress has the power to enforce this right by appropriate legislation, ensuring that eligible citizens across the United States are guaranteed the right to vote at the age of 18.

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Calls to lower the voting age

The Twenty-sixth Amendment to the United States Constitution, ratified on July 1, 1971, lowered the voting age from 21 to 18. Calls to lower the voting age emerged in the 1940s, with Senator Harley Kilgore advocating for a lowered voting age in 1941. However, it wasn't until the 1960s that the drive to lower the voting age gained momentum, partly due to the military draft during the Vietnam War. Young men aged 18-21 were being conscripted to fight in a war they had no political authority to vote on. This led to the emergence of a youth rights movement, with the slogan "old enough to fight, old enough to vote".

Today, there are still calls to lower the voting age further, with some arguing that the minimum age should be 16. In the UK, the Labour Party has pledged to lower the voting age to 16 by the next general election, which is expected to take place by 2029. Deputy Prime Minister Angela Rayner supported this decision, stating that at 16, individuals can work, pay taxes, and should have a say in the democratic process. In the United States, Congresswoman Grace Meng has reintroduced legislation to lower the voting age to 16, arguing that young people have a significant influence on political movements and elections.

Research has shown that when the voting age has been lowered to 16, youth voter turnout has increased. In Takoma Park, Maryland, registered voters under 18 had a turnout rate four times higher than voters over 18 when the voting age was lowered. Similar trends have been observed in other countries, including Norway, Scotland, and Austria. Lowering the voting age is also expected to increase overall voter turnout, as voting is a habitual act, and young people are more likely to influence their parents to vote as well.

Additionally, proponents of lowering the voting age argue that young people have a right to be heard and have their interests represented in political conversations. They are affected by government decisions on education, the environment, and war, and yet they are taxed without representation. Lowering the voting age would give them a direct say in electing lawmakers and shaping their future. While there may be concerns about the maturity or readiness of 16-year-olds to vote, studies have found that 16-year-olds hold equivalent levels of civic competence to 18-year-olds.

Overall, the calls to lower the voting age to 16 are based on arguments of fairness, representation, and increasing youth participation in the democratic process.

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Oregon v. Mitchell

In the United States, the Twenty-sixth Amendment to the Constitution, which guarantees the right to vote at the age of 18, was ratified on July 1, 1971. The full text of the amendment is as follows:

> 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. The Congress shall have power to enforce this article by appropriate legislation.

Before the Twenty-sixth Amendment, states had the authority to set their own minimum voting ages, with 21 being the national standard. However, there were increasing calls to lower the voting age during the mid-20th century, particularly during the 1960s. This was driven in part by the military draft for the Vietnam War, which conscripted young men between the ages of 18 and 21. These citizens were being sent to fight and potentially die for their nation, yet they had no say in the government's decision to wage that war until they turned 21. A youth rights movement emerged, adopting the slogan "old enough to fight, old enough to vote".

In response to these calls for change, Oregon v. Mitchell was a 1970 Supreme Court case that considered the constitutionality of the voting-age provisions added to the Voting Rights Act in 1970. The Court struck down the provisions that set 18 as the voting age for state and local elections, but upheld the provision for federal elections. This decision resulted in a divided Court, with the majority of justices failing to agree on a rationale for the holding. Despite this, the Twenty-sixth Amendment passed faster than any other constitutional amendment. However, it is worth noting that about 17 states refused to pass measures to lower their minimum voting ages after Nixon signed the 1970 extension to the Voting Rights Act.

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Voting ages in other countries

The legal voting age for most countries is 18, with over one hundred nations in this category, including China, Australia, Belgium, Canada, Denmark, France, Germany, Italy, Japan, and the United States. The high number of countries that have set the voting age at 18 can be attributed to its connection to military enlistment—in most countries, 18 is the age when citizens can enlist in the military.

However, the legal voting age varies across the world, ranging from 16 to 25 years old. For instance, Austria was the first European nation to lower its voting age to 16 in 2011, and Scotland followed suit after witnessing positive results from the inclusion of 16 to 17-year-olds in their 2014 independence referendum. Other countries with a voting age of 17 include Sudan, South Sudan, North Korea, Indonesia, Greece, and East Timor. Indonesia has an additional requirement where married persons, regardless of age, are mandated to vote.

Some countries have a voting age of 19, such as South Korea, while others have set it at 20, including Nauru, Taiwan, and Bahrain. Interestingly, a handful of countries maintain a voting age of 21 or older, including Oman, Samoa, Tokelau, Tonga, Singapore, Malaysia, Kuwait, Jersey, and Cameroon. The United Arab Emirates has the oldest legal voting age globally, with citizens eligible to vote only after attaining the age of 25 or older.

It is worth noting that while voting is optional in most countries, some nations mandate that their citizens vote by law. For example, in Brazil and Peru, voting is compulsory for all citizens aged 18 to 70. Similarly, Luxembourg and Paraguay require their citizens to vote from age 18 until they reach 75. On the other hand, Argentina has an optional voting age range of 16 to 18, after which voting becomes mandatory at 19.

Frequently asked questions

The Twenty-Sixth Amendment to the United States Constitution lowered the voting age from 21 to 18.

The Twenty-Sixth Amendment was passed on July 1, 1971.

Before the Twenty-Sixth Amendment, the voting age was 21.

In the Oregon v. Mitchell case, the Supreme Court held that Congress had the authority to lower the voting age for federal elections to 18 but not for state elections.

One argument for lowering the voting age is that if citizens are old enough to serve in the military, they should be able to vote. This argument was especially relevant during the Vietnam War, when young men aged 18 to 21 were drafted to fight in a war they had no political authority to vote on.

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