Malcolm Rivera
The original U.S. Constitution, which came into effect in 1789, did not define or establish specific voting rights or explicitly state that citizens had the right to vote. Instead, it left it to the individual states to determine who was eligible to vote, resulting in variations across the nation. While most states restricted voting rights to white male landowners, some states, like New Jersey, allowed free Black men and women of both races to vote if they met property or tax requirements. Over time, state legislatures gradually expanded voting rights to non-landowning white males, and in 1860, most white men without property gained the right to vote. However, African Americans, women, Native Americans, and citizens between the ages of 18 and 21 had to fight for their voting rights, which were eventually secured through constitutional amendments and civil rights movements.
| Characteristics | Values |
|---|---|
| Who could vote | White male landowners |
| Who couldn't vote | Non-landowning white males, women, Native Americans, Black people, and citizens between the ages of 18 and 21 |
| Voting requirements | Property ownership or tax payment |
| Religious tests | Only Christian men could vote |
| Right to vote in the Constitution | Not explicitly stated |
| Power to set voting requirements | Given to individual states |
| Number of eligible voters | About 6% of the population |
| First state to grant women the right to vote | Wyoming, in 1869 |
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What You'll Learn
Voting rights were determined by states
The original U.S. Constitution, which came into effect on March 9, 1789, did not define who was eligible to vote, leaving it to the states to determine voting rights. This led to a varied approach, with states taking different stances on voting rights, resulting in inconsistencies across the nation.
In the early years, most states restricted voting rights to white male landowners or tax-payers. However, some states, like New Jersey, allowed free Black men and women of both races to vote, provided they met property or tax requirements. Delaware, for example, required fifty acres of land (twelve under cultivation) or £40 of personal property. Virginia required fifty acres of vacant land, twenty-five acres of cultivated land, and a house of twelve feet by twelve feet, or a town lot with a house of the same dimensions.
Over time, states began to expand voting rights, but this progress was uneven. Wyoming, for instance, granted women the right to vote in 1869, long before the passage of the 19th Amendment in 1920, which guaranteed women's suffrage nationwide. Similarly, North Carolina was the last state to remove the property qualification in 1856, allowing all white men to vote.
The lack of a federal standard for voting rights resulted in unfair voting practices, with certain groups being disenfranchised. African Americans, women, Native Americans, and young citizens between the ages of 18 and 21 had to fight for their right to vote, often facing resistance and discriminatory practices.
To address these disparities, several constitutional amendments were passed following the Civil War to extend voting rights to a broader range of citizens. The 14th Amendment, ratified in 1868, granted citizenship to all persons born or naturalized in the United States, regardless of race. The 15th Amendment, ratified in 1870, prohibited denying the right to vote based on race, colour, or previous servitude. The 19th Amendment, ratified in 1920, ensured that voting rights could not be denied or abridged based on sex. The 24th Amendment, ratified in 1964, banned poll taxes in federal elections, and the 26th Amendment, ratified in 1971, guaranteed the right to vote for citizens aged 18 and older. These amendments were crucial in expanding voting rights and ensuring a more inclusive and representative democracy.
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Only white male landowners could vote
The original U.S. Constitution, which came into effect on March 9, 1789, did not define who was eligible to vote, leaving it to the individual states to determine voting requirements. This led to considerable variation across the nation, with some states allowing free Black men and women of both races to vote, provided they met property or tax requirements, while others restricted voting rights to white male landowners. These requirements often included specific acreage amounts, such as 50 acres of land or a certain amount of it under cultivation, or a minimum amount of personal property, such as £40, as in the case of Rhode Island and Providence Plantations.
While the Constitution did not explicitly mention a "right to vote," it did give states the authority to establish voting requirements, which generally limited the franchise to property-owning or tax-paying white males, amounting to about 6% of the population. This meant that only a small percentage of the population had a say in electing representatives and members of the House of Representatives, while senators were selected by state legislatures, and the President was chosen by state legislature-appointed electors.
In the early 19th century, some states began to relax the property requirements for voting, and by 1860, most white men, regardless of property ownership, were allowed to vote. However, this exclusionary approach to voting rights was not limited to property requirements. African Americans, women, Native Americans, and citizens between the ages of 18 and 21 were all excluded from voting and had to fight for their right to be included in the democratic process.
The Fourteenth Amendment, ratified in 1868, granted African Americans citizenship but did not confer the right to vote. It took the passage of the Fifteenth Amendment in 1870 to guarantee that voting rights could not be denied based on race. Despite these protections, states employed various tactics, such as literacy tests, poll taxes, and religious tests, to disenfranchise African Americans, Native Americans, immigrants, and low-income citizens.
It is important to note that the expansion of voting rights did not occur uniformly across the nation. For example, Wyoming granted women the right to vote in 1869, long before the passage of the Nineteenth Amendment in 1920, which prohibited the denial of voting rights based on sex. Similarly, the Twenty-Sixth Amendment, ratified in 1971, guaranteed that voting rights could not be denied to citizens aged 18 or older, marking a significant milestone in the evolution of voting rights in the United States.
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Some states allowed free Black men to vote
The original U.S. Constitution, which came into effect on March 9, 1789, did not explicitly define voting rights for citizens. Instead, it left states with the power to set voting requirements and decide who was eligible to vote. While most states restricted voting rights to white male adult property owners, some states, such as New Jersey, Pennsylvania, and New York, allowed free Black men to vote, provided they met the property or tax requirements. However, over time, these states revoked the voting rights of Black men. For example, New Jersey and Pennsylvania stripped free Black males of the right to vote, and New York's Constitution of 1821 imposed heavy property ownership requirements on Black voters, effectively disenfranchising almost all of them.
The Fourteenth Amendment to the Constitution, ratified in 1868, granted African Americans citizenship and rights of citizenship, but this did not translate into the ability to vote as Black voters were turned away from state polling places. The Fifteenth Amendment, ratified in 1870, extended voting rights to men of all races, but this was not enough to secure voting rights for African Americans. States found ways to prevent Black men from voting through poll taxes, literacy tests, "grandfather clauses," and intimidation.
The struggle for Black voting rights continued into the 20th century with the civil rights movement, which aimed to secure and protect full voting rights for all Black citizens. The Twenty-fourth Amendment, ratified in 1964, banned poll taxes in federal elections, and the Voting Rights Act of 1965 prohibited discriminatory state voting practices. Despite these gains, Black voters continued to face obstacles, such as gerrymandering and the closure of polling places, which reduced their participation in the democratic process.
In summary, while some states allowed free Black men to vote under the original Constitution, this right was often restricted or revoked over time. It took decades of struggle, constitutional amendments, and civil rights legislation to secure and protect voting rights for African Americans.
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No explicit right to vote in the Constitution
The original US Constitution did not explicitly mention a citizen's right to vote. Instead, it was left to individual states to determine voter eligibility, resulting in variations across the nation. While most states initially restricted voting rights to white male property owners or taxpayers, some states, such as New Jersey, allowed free Black men and women of both races to vote if they met specific property or tax requirements.
The lack of a clear right to vote in the original Constitution led to a series of constitutional amendments following the Civil War and during the civil rights movement to extend and protect voting rights for all citizens. These amendments, including the 14th, 15th, 17th, 19th, and 26th Amendments, aimed to prohibit discrimination based on race, guarantee citizenship and voting rights regardless of race, require senators to be elected by popular vote, extend voting rights to women, and lower the minimum voting age to 18, respectively.
Despite these amendments, states continued to find ways to restrict voting rights, particularly for minority groups. Jim Crow laws, literacy tests, poll taxes, and other discriminatory practices were used to disenfranchise African Americans, Native Americans, legal immigrants, and other "undesirable" groups. This prompted an increased federal role in elections and further amendments to strengthen voting rights protections.
Today, while the US Constitution still does not explicitly state a citizen's right to vote, it grants Congress and the federal government the power to regulate elections and enforce voting rights protections through legislation. Additionally, almost all state constitutions recognise the right to vote, and legal observers suggest that voting rights cases can be brought to state courts to protect this fundamental democratic principle.
The evolution of voting rights in the United States demonstrates the ongoing struggle to ensure equal access to the ballot box and protect the rights of all citizens to participate in the democratic process. While progress has been made through constitutional amendments and legislation, the variability in state-level voting requirements and restrictions highlights the need for continued vigilance and national solutions to guarantee uniform voting standards across the country.
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Amendments expanded voting rights
The original US Constitution, which came into effect on March 9, 1789, did not define who was eligible to vote, leaving each state to determine voter eligibility. Generally, states limited the right to vote to property-owning or tax-paying white males, although some states, like New Jersey, allowed free Black men and women of both races to vote, provided they met property or tax requirements.
Over time, amendments to the Constitution expanded voting rights to previously excluded groups. Here are some key amendments that played a pivotal role in expanding voting rights:
Fifteenth Amendment (1870)
The Fifteenth Amendment states that voting rights cannot be denied or abridged based on "race, color, or previous condition of servitude." This amendment was enacted to protect the voting rights of freedmen after the Civil War and applied to all non-white minorities.
Nineteenth Amendment
The Nineteenth Amendment extended voting rights to all women, banning discrimination at the ballot box based on sex. Wyoming granted women the right to vote in 1869, but the Nineteenth Amendment ensured that women across the nation could exercise this right.
Twenty-fourth Amendment
The Twenty-fourth Amendment explicitly banned poll taxes, which often prevented low-income citizens of all races from voting.
Twenty-sixth Amendment
The Twenty-sixth Amendment lowered the voting age, stating that the right of citizens of the United States "who are 18 years of age or older" to vote cannot be denied or abridged by any state on account of age.
While these amendments significantly expanded voting rights, it is important to note that the enforcement of these rights has been a continuous struggle, with various state and local laws, such as literacy tests and religious tests, used to restrict voting access for certain groups.
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Frequently asked questions
The US Constitution did not originally define who was eligible to vote, allowing each state to determine who was eligible. In the early history of the US, some states only allowed white male adult property owners to vote, while others did not specify a race or protected the rights of free Black men.
Four of the fifteen post-Civil War constitutional amendments were ratified to extend voting rights to different groups of citizens. The Fifteenth Amendment, ratified in 1870, prevented any state from denying the right to vote to any citizen based on race, colour, or previous condition of servitude.
Women gained the right to vote in the US with the ratification of the 19th Amendment to the US Constitution in 1920. Wyoming was the first state to grant women the right to vote in 1873, though this was only for state and local elections.
