The Constitution's Citizen Voting Rights Explained

The right to vote in the United States is governed by the United States Constitution, which grants voting rights to citizens, and federal and state laws. Surprisingly, the original text of the Constitution did not explicitly state that citizens had the right to vote in elections. Instead, it allowed each state to determine voter eligibility, which was typically restricted to white male property owners. The 14th Amendment extends citizenship and voting rights to all citizens, regardless of race, and prohibits states from restricting these rights. The 15th Amendment further prohibits restricting the right to vote based on race or previous conditions of servitude. The 19th Amendment granted women the right to vote, and the 26th Amendment lowered the voting age to 18. The Constitution also empowers Congress and the federal government to enforce these voting rights through legislation, such as the Voting Rights Act of 1965, which provides tools to challenge racially discriminatory voting practices.

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Voting rights are governed by the US Constitution, federal and state laws

Voting rights in the United States are governed by the US Constitution, federal and state laws. The original US Constitution, which came into effect on March 9, 1789, did not explicitly define who was eligible to vote, leaving it to each state to determine voter eligibility. This resulted in variations 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.

The Fourteenth Amendment to the US Constitution, passed after the Civil War, played a significant role in expanding voting rights. It extended citizenship to all natural-born or naturalized Americans, regardless of race, and guaranteed that rights of citizenship, such as voting, could not be restricted by the states. The Fifteenth Amendment, ratified in 1870, further solidified voting rights by prohibiting the restriction of the right to vote based on race, colour, or previous condition of servitude. Despite these amendments, discriminatory practices and laws, such as poll taxes and literacy tests, were used to disenfranchise African Americans and prevent them from exercising their constitutional right to vote.

The Nineteenth Amendment, ratified in 1920, was a pivotal moment for women's suffrage, granting women the right to vote across the nation. The Twenty-fourth Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise voters of all races. The Voting Rights Act of 1965 provided the federal government and individuals with tools to challenge racially discriminatory voting practices and enforce the protections afforded by the Fourteenth and Fifteenth Amendments.

In addition to constitutional amendments, federal laws have also been enacted to protect voting rights and make it easier for citizens to exercise their right to vote. The National Voter Registration Act of 1993, for example, created new ways to register to vote and improved the accuracy of voter registration lists. The Help America Vote Act of 2002 authorized federal funding for elections and established the US Election Assistance Commission to assist states in adopting minimum standards for voter education, registration, and ballots.

The original Constitution does not explicitly state citizens' right to vote

The original U.S. Constitution does not explicitly state citizens' right to vote. Instead, it was left to each state to determine voter eligibility, which led to a highly variable landscape of voting rights across the nation. For example, in the early history of the U.S., some states only allowed 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. Women were largely prohibited from voting, except in some local jurisdictions in the northern states, such as New Jersey, where they could meet the property requirement. Free Blacks could also vote in these jurisdictions, provided they met the property requirement.

The Constitution does include the Elections Clause, which gives Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections. However, this power does not extend specifically to voting qualifications. The Constitution also requires all states to have a representative form of government with elections and majority rule, but this part is rarely invoked by Congress or the federal courts.

Following the Civil War and during the civil rights movement, a series of constitutional amendments were adopted to extend and protect voting rights. The 14th Amendment, for example, extends citizenship to all natural-born or naturalized Americans, guaranteeing that rights of citizenship, like voting, cannot be restricted by the states. The 15th Amendment prohibits restricting the right to vote due to race, and the 19th Amendment gave women the right to vote. The 24th Amendment explicitly banned poll taxes, which often prevented low-income citizens of all races from voting, and the 26th Amendment lowered the voting age to 18.

Despite these amendments, the ability to exercise the right to vote has continued to be a challenge for many citizens. For example, voter ID laws vary between states, with some requiring photo ID, while others require no ID at all. Additionally, felons are prohibited from voting in some states, even after serving their sentences. These discrepancies highlight the ongoing need for federal legislation and protections to ensure equal voting rights for all citizens.

The 15th Amendment prohibits restricting the right to vote based on race or prior slave status for male citizens

The original text of the United States Constitution does not explicitly state that citizens have the right to vote in elections. Instead, it left it up to each state to determine voter eligibility. As a result, voting rights were often restricted based on race, sex, and property ownership. For example, in 1807, New Jersey revoked the right to vote from Black men and women, and in 1856, North Carolina removed a property qualification, allowing all white men to vote regardless of property ownership.

Following the Civil War, a series of constitutional amendments were adopted to extend voting rights to more citizens. One of these amendments, the 15th Amendment, prohibits restricting the right to vote based on race or prior slave status for male citizens. Ratified on February 3, 1870, the 15th Amendment states that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

Despite the ratification of the 15th Amendment, many African American men were still unable to exercise their right to vote due to discriminatory practices and laws such as literacy tests, grandfather clauses, and poll taxes. The Enforcement Act of 1870, also known as the Civil Rights Act of 1870 or the First Ku Klux Klan Act, empowered President Ulysses S. Grant to enforce the 15th Amendment and allowed the president to use federal marshals to bring charges against offenders. However, the Supreme Court interpreted the amendment narrowly in United States v. Reese (1876), upholding race-neutral limitations on suffrage, including poll taxes and literacy tests.

It wasn't until the Voting Rights Act of 1965 that all forms of discrimination in federal, state, and local elections were eliminated, and federal oversight of elections in discriminatory jurisdictions was provided. This act also banned literacy tests and created legal remedies for people affected by voting discrimination. The 24th Amendment, ratified in 1964, also eliminated poll taxes in federal elections. These amendments and federal laws have helped to protect Americans' right to vote and make it easier for citizens to exercise that right.

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The 14th Amendment extends citizenship and voting rights to all citizens

The original text of the U.S. Constitution did not explicitly state that citizens had the right to vote in elections. Instead, it stated that anyone eligible to vote for the largest house of a state's legislature was also eligible to vote for members of the House of Representatives from that state. The Constitution also requires all states to have a representative form of government with elections and majority rule.

The 14th Amendment, considered one of the most consequential amendments, addresses citizenship rights and equal protection under the law at all levels of government. It was a response to issues affecting freed slaves following the American Civil War and its enactment was bitterly contested. The Citizenship Clause of the 14th Amendment formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action. It broadly defines citizenship, superseding the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Privileges or Immunities Clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause prohibits all levels of government from depriving people of life, liberty, or property without substantive and procedural due process.

The 14th Amendment extends citizenship to all natural-born or naturalized Americans regardless of race and guarantees that rights of citizenship, like voting, cannot be restricted by the states. The ability to preempt state regulations does not extend specifically to voting qualifications. The 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. It has always excluded from birthright citizenship persons who were born in the United States but not "subject to the jurisdiction thereof".

In addition to the 14th Amendment, several other constitutional amendments have been passed to protect voting rights, including the 15th, 19th, 24th, and 26th Amendments. The 15th Amendment prohibits restricting the right to vote due to race, the 19th Amendment gave women the right to vote, the 24th Amendment eliminated poll taxes, and the 26th Amendment lowered the voting age to 18. Federal laws, such as the Civil Rights Acts, have also been passed to protect voting rights and make it easier for citizens to exercise their right to vote.

The 24th Amendment bans poll taxes, which prevented low-income citizens from voting

The right to vote in the United States is governed by the Constitution and federal and state laws. Surprisingly, the original text of the Constitution does not explicitly state 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 24th Amendment, ratified in 1964, explicitly bans poll taxes, which prevented low-income citizens from voting. Poll taxes were state fees imposed on voters in both state and federal elections, with the purpose of disenfranchising African Americans and poor whites. The Amendment states:

> "The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay a poll tax or any other tax."

The Amendment was proposed by Congress to the states on August 27, 1962, and ratified by the states on January 23, 1964. It was a response to the use of poll taxes in the Southern states, particularly in their state laws and constitutions. The Supreme Court of the United States had upheld the use of poll taxes in the 1937 case of Breedlove v. Suttles. However, when the 24th Amendment was ratified, five states still retained poll taxes: Alabama, Arkansas, Texas, Virginia, and Mississippi.

The 24th Amendment gave Congress the power to enforce the protection of voting rights through legislation. This power has been used in acts such as the Enforcement Act of 1870 (also known as the Civil Rights Act of 1870 or the First Ku Klux Klan Act), which made it illegal to disenfranchise Black voters, and the Voting Rights Act of 1965, which gave the federal government and individuals tools to challenge racially discriminatory voting practices.

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