13.2 Constitutional Amendments Related to Voting
3 min read•august 9, 2024
Constitutional amendments have dramatically expanded voting rights in the US. The 15th, 19th, 24th, and 26th Amendments progressively extended suffrage to African Americans, women, the poor, and young adults, reshaping the electorate.
These amendments faced resistance and required further legislation to enforce. The and court rulings on and "" have been crucial in implementing these constitutional voting rights.
Voting Rights Amendments
Expansion of Suffrage Through Constitutional Amendments
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- 15th Amendment ratified in 1870 prohibited denial of voting rights based on race, color, or previous condition of servitude
- Aimed to enfranchise African American men after the Civil War
- Faced significant resistance in Southern states through and other discriminatory practices
- Led to the implementation of , , and to circumvent the amendment
- 19th Amendment ratified in 1920 prohibited denial of voting rights on the basis of sex
- Culmination of the that began in the mid-19th century
- Extended voting rights to approximately 26 million women
- Faced opposition from anti-suffragists who argued it would destabilize the family unit
- 24th Amendment ratified in 1964 prohibited poll taxes in federal elections
- Eliminated a common method used to disenfranchise poor voters, particularly African Americans in the South
- Applied only to federal elections initially, but was later extended to state elections through Harper v. Virginia State Board of Elections (1966)
- Resulted in increased voter turnout among low-income and minority communities
- 26th Amendment ratified in 1971 lowered the voting age to 18 for all elections
- Responded to the argument "old enough to fight, old enough to vote" during the Vietnam War
- Enfranchised approximately 11 million new voters between ages 18-21
- Aimed to increase youth participation in the democratic process
Impact and Enforcement of Voting Rights Amendments
- Voting Rights Act of 1965 provided federal oversight to enforce the 15th Amendment
- Established preclearance requirements for states with a history of discrimination
- Banned literacy tests and other discriminatory voting practices
- Led to significant increases in African American voter registration and participation
- Continued challenges in implementing voting rights amendments
- and their potential impact on minority and low-income voters
- Gerrymandering and its effects on the principle of equal representation
- Ongoing debates over felony and voting rights restoration
Constitutional Voting Principles
Equal Protection and Voting Rights
- Equal Protection Clause found in the 14th Amendment applies to voting rights
- Requires states to treat all citizens equally under the law, including in matters of voting
- Basis for numerous Supreme Court decisions on voting rights and electoral processes
- Led to the striking down of discriminatory voting practices (literacy tests, racial gerrymandering)
- Application of Equal Protection to voting rights cases
- (2000) applied Equal Protection to vote-counting procedures
- (2008) upheld voter ID laws under Equal Protection analysis
- (2013) struck down parts of the Voting Rights Act based on Equal Protection concerns
One Person, One Vote Principle
- One person, one vote principle established by the Supreme Court in the 1960s
- Requires electoral districts to have roughly equal populations
- Aims to ensure each person's vote carries equal weight in elections
- Derived from the Equal Protection Clause of the 14th Amendment
- Key Supreme Court cases establishing and refining the principle
- (1962) ruled that redistricting issues were subject to judicial review
- (1964) required state legislative districts to have roughly equal populations
- (1964) applied the principle to congressional districts
- Ongoing challenges and debates surrounding one person, one vote
- Consideration of total population vs. eligible voters in districting (, 2016)
- Impact of prison gerrymandering on the principle
- Debates over representation for non-citizens and children in district population counts
Key Terms to Review (26)
Baker v. Carr: Baker v. Carr is a landmark Supreme Court case from 1962 that addressed the issue of legislative redistricting and established the principle of 'one person, one vote'. This decision marked a significant step in ensuring equal representation in voting, especially in the context of urban populations being underrepresented compared to rural areas.
Bush v. Gore: Bush v. Gore was a landmark Supreme Court case decided in 2000 that effectively resolved the disputed 2000 presidential election between George W. Bush and Al Gore. This case is significant for its implications on election law and the judicial system, establishing important precedents regarding the rights of voters and the authority of state courts in election matters.
Civil rights movement: The civil rights movement was a social and political struggle during the 1950s and 1960s aimed at ending racial discrimination and securing equal rights for African Americans and other marginalized groups in the United States. It sought to challenge and dismantle systemic racism through various means, including legal action, grassroots activism, and peaceful protests.
Crawford v. Marion County Election Board: Crawford v. Marion County Election Board is a landmark Supreme Court case decided in 2008 that upheld Indiana's law requiring voters to present photo identification at the polls. This ruling is significant because it addresses issues related to voter ID laws, election integrity, and the balance between preventing voter fraud and ensuring access to the electoral process.
Disenfranchisement: Disenfranchisement refers to the systematic denial of the right to vote to individuals or groups, often based on criteria like race, gender, age, or socio-economic status. This practice has a long history in the United States, particularly impacting marginalized communities and shaping the evolution of voting rights. Understanding disenfranchisement is essential as it connects directly to significant constitutional amendments that sought to expand voting rights and address inequalities in electoral participation.
Equal Protection: Equal protection is a constitutional principle that mandates individuals in similar situations must be treated equally by the law. It ensures that no person or group is denied the same protection of the laws that is enjoyed by other persons or groups, fostering fairness and justice in legal proceedings and legislation. This principle is foundational to understanding civil rights and has significant implications in various contexts, including judicial review, government actions, and the electoral process.
Evenwel v. Abbott: Evenwel v. Abbott is a landmark Supreme Court case from 2016 that examined the principle of 'one person, one vote' in the context of legislative districting. The case specifically addressed whether states could draw legislative districts based solely on eligible voters rather than total population, which raised significant implications for how voting power is distributed across communities and states.
Fifteenth Amendment: The Fifteenth Amendment to the United States Constitution, ratified in 1870, prohibits the federal and state governments from denying a citizen the right to vote based on 'race, color, or previous condition of servitude.' This amendment was a crucial step in the historical struggle for voting rights and set the stage for future legislation aimed at eliminating racial discrimination in voting.
Grandfather Clauses: Grandfather clauses are provisions in laws that allow individuals or entities to continue engaging in practices that were permissible before the law was enacted, while preventing new entrants from doing the same. These clauses often emerged in the context of voting rights, particularly to exempt certain voters from new requirements that were otherwise applied to others, creating a significant impact on electoral participation and discrimination.
Harper v. Virginia Board of Elections: Harper v. Virginia Board of Elections is a landmark Supreme Court case decided in 1966 that addressed the constitutionality of poll taxes in state elections. The Court ruled that poll taxes, which were used to restrict voting rights, violated the Equal Protection Clause of the Fourteenth Amendment, thus affirming that all citizens have the right to vote without the burden of a tax. This decision is significant as it contributed to the ongoing struggle for voting rights and helped pave the way for the eventual abolition of poll taxes in federal elections.
Jim Crow Laws: Jim Crow Laws were state and local statutes enacted in the southern United States from the late 19th century until the mid-20th century that enforced racial segregation and disenfranchised African Americans. These laws created a social system that upheld white supremacy by mandating separation in public facilities, transportation, and education, effectively denying African Americans their rights and reinforcing systemic racism in society.
Literacy tests: Literacy tests were assessments used primarily in the United States to determine an individual's reading and writing abilities, often employed as a prerequisite for voting. These tests became particularly notorious in the late 19th and early 20th centuries, as they were used to disenfranchise racial minorities and poor individuals, effectively serving as a barrier to voting rights. While framed as a way to ensure an informed electorate, literacy tests were often applied subjectively and unfairly, targeting specific groups to suppress their political power.
Martin Luther King Jr.: Martin Luther King Jr. was a prominent American civil rights leader and advocate for nonviolent protest against racial discrimination and injustice, particularly during the 1950s and 1960s. His work significantly influenced the fight for voting rights, which aimed to eliminate systemic barriers faced by African Americans, and laid the foundation for constitutional amendments that further protected these rights. King's legacy is deeply intertwined with civil rights movements, inspiring generations to pursue social justice and equality through peaceful means.
Nineteenth Amendment: The Nineteenth Amendment to the United States Constitution, ratified in 1920, granted women the legal right to vote. This landmark amendment marked a significant achievement in the women's suffrage movement, reflecting the broader historical struggle for equal voting rights and changing societal views on gender equality. Its passage laid the groundwork for future advancements in voting rights and highlighted ongoing issues surrounding access to the ballot box.
One person, one vote: One person, one vote is a principle that asserts each individual's vote should carry equal weight in elections, ensuring fairness and equity in the democratic process. This concept is rooted in the idea that every citizen deserves an equal say in their government, directly influencing the historical evolution of voting rights and leading to significant amendments aimed at protecting this equality in representation.
Poll Taxes: Poll taxes were fees that individuals were required to pay in order to vote, primarily used in the United States from the late 19th century until the mid-20th century. These taxes served as a means to restrict voting rights, disproportionately affecting low-income individuals and African Americans, which highlights the broader historical struggle for voting rights and the various barriers that have been implemented to limit participation in elections.
Reynolds v. Sims: Reynolds v. Sims was a landmark Supreme Court case decided in 1964 that established the principle of 'one person, one vote' in the context of state legislative districts. This decision emphasized that state legislative representation must be based on population rather than geographical area, ensuring that each citizen's vote carries equal weight. The ruling reinforced the importance of equal representation in democratic processes and influenced subsequent redistricting practices across the United States.
Shelby County v. Holder: Shelby County v. Holder is a landmark Supreme Court case decided in 2013 that invalidated a key provision of the Voting Rights Act of 1965, which aimed to prevent racial discrimination in voting. This decision effectively struck down the formula used to determine which jurisdictions were required to seek federal approval before making changes to their voting laws, significantly weakening federal oversight and protections against racial discrimination in the electoral process.
Susan B. Anthony: Susan B. Anthony was a prominent American social reformer and women's rights activist who played a key role in the women's suffrage movement in the United States. Her advocacy for women's right to vote and equality under the law helped shape the conversation around voting rights, leading to significant constitutional amendments that transformed American democracy.
Twenty-Fourth Amendment: The Twenty-Fourth Amendment to the United States Constitution prohibits the use of poll taxes in federal elections. Ratified in 1964, this amendment was a significant step towards ensuring that voting rights were not restricted by economic barriers, emphasizing the importance of equal access to the electoral process for all citizens.
Twenty-sixth Amendment: The Twenty-sixth Amendment to the United States Constitution is a significant change that lowered the voting age from 21 to 18 years. Ratified in 1971, this amendment was a response to the growing movement advocating for younger citizens to have a say in democratic processes, especially during the Vietnam War when many young Americans were being drafted but could not vote.
Voter id laws: Voter ID laws are regulations requiring individuals to present specific forms of identification before they can vote in elections. These laws aim to ensure the integrity of the electoral process, but they also raise concerns about access and discrimination against certain groups of voters, particularly those who may lack the required IDs.
Voter suppression: Voter suppression refers to various tactics and strategies aimed at discouraging or preventing specific groups of people from exercising their right to vote. This practice is often implemented through laws, regulations, and policies that create barriers for voters, especially targeting minorities, the elderly, and low-income individuals. Understanding voter suppression involves recognizing its historical roots, particularly in the context of constitutional amendments related to voting rights and the ongoing contemporary challenges surrounding voting access and election laws.
Voting Rights Act of 1965: The Voting Rights Act of 1965 is landmark legislation aimed at eliminating racial discrimination in voting. This act was a response to widespread disenfranchisement of African American voters, particularly in the Southern states, and it enforced the voting rights guaranteed by the Fourteenth and Fifteenth Amendments. By prohibiting discriminatory practices and requiring federal oversight of voter registration in certain areas, it played a crucial role in advancing civil rights and ensuring that all citizens could participate in the electoral process without facing systemic barriers.
Wesberry v. Sanders: Wesberry v. Sanders was a landmark Supreme Court case decided in 1964 that addressed the issue of congressional districting and the principle of 'one person, one vote.' The ruling emphasized that congressional districts must be roughly equal in population to ensure fair representation for all citizens, aligning with the constitutional requirement for equal protection under the law.
Women's suffrage movement: The women's suffrage movement was a social and political campaign aimed at granting women the right to vote, which emerged in the late 19th and early 20th centuries. This movement played a critical role in advocating for gender equality and culminated in significant legal reforms, including constitutional amendments that expanded voting rights. By challenging traditional societal norms, the movement not only focused on voting rights but also addressed broader issues of women's rights and social justice.