Voting Rights and Suffrage/Fundamentally accepted
When was it generally accepted as a fundamental, legally-protectable right?
The right to vote was first accepted as a fundamental and legally-protectable right with the ratification of the United States Constitution in 1788, specifically under Article 1. States were given the right to set their own voting requirements (National Archives and Records Administration). The framers of the Constitution claimed to have aimed to promote the common welfare, ensuring their right to liberty. However, states routinely enfranchised only white male property owners. Although President Andrew Jackson expanded the right to all white males more generally, it took years for African Americans, women, and Native Americans to be granted the same right (The Library of Congress).
In 1870, the 15th Amendment was enacted which declared that the right to vote would not be determined on the basis of “race, color, or previous condition of servitude” (The Library of Congress). Likewise the 19th Amendment in 1920 gave american women the right to vote. The actual realization of the 15th Amendment did not occur for many years following 1870, for many African Americans continued to face barriers which limited their ability to vote. For instance, the use of literacy tests and poll taxes worked to prevent African Americans from voting (The Library of Congress). The Civil Rights Act of 1870 worked in accordance with the 15th Amendment. The Act sought to enforce criminal penalties against the use of intimidation or threats that aimed to prevent African Americans from voting. The subsequent Civil Rights Acts of 1957 and 1960 further expanded the enforcement of such penalties (National Archives and Records Administration). Despite previous legislation, the Voting Rights Act of 1965 passed by President Lyndon Johnson proved to be the most effective at ensuring minorities the right to suffrage.
Following the Civil Rights Act of 1964 which “outlawed discrimination of the basis of race, color, religion, sex, or national origin,” and the 24th Amendment which made illegal the use of poll taxes, the Voting Rights Act of 1965 changed state and federal relations with regards to voting rights. Historically, discrimination from local state officials sought to disenfranchise African Americans. The Voting Rights Act worked by allowing the federal government to register voters, specifically in many states in the south with a history of harsh discriminatory practices. This meant the discontinuation of literacy tests and also allowed for non-english speakers to more readily become registered to vote. It was later in 1971 when the national voting age was lowered to 18 for all political elections (National Archives and Records Administration).
References:
National Archives and Records Administration. (n.d.). The Constitution of the United States: A Transcription. National Archives and Records Administration. https://www.archives.gov/founding-docs/constitution-transcript#toc-section-4-.
The Founders and the Vote : The Right to Vote : Elections : Classroom Materials at the Library of Congress : Library of Congress. The Library of Congress. (n.d.). https://www.loc.gov/classroom-materials/elections/right-to-vote/the-founders-and-the-vote/.