Voting Rights and Suffrage/US

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Is it contained in the US Constitution?

Voting rights, while not directly detailed in the original United States Constitution, have been addressed through several amendments. Originally, the status of voting was defined as the manner of choosing members of Congress – voting directly for the House of Representatives and indirectly for Senators who were appointed by the legislature. Article I, Section II of the Constitution details: “The House of Representatives shall be composed of members chosen every second Year by the People of the several States” and Article I, Section III dictates: “The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof.” Overall, it was states that held the authority to create voting eligibility rules to the House of Representatives and to state legislatures that would choose Senators. Further amendments reflect the evolving understanding and expansion of democratic participation in the United States.

The 15th Amendment, ratified in 1870, states: “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” (U.S. Const. amend. XV). This amendment was a direct response to the end of the Civil War and the abolition of slavery, aiming to enfranchise Black men. It serves as the first explicit constitutional guarantee of voting rights, targeting racial discrimination.

In 1920, states ratified the 19th Amendment, which significantly expanded the electorate by protecting voting rights for women. The amendment states, “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 sex” (U.S. Const. amend. XVIIII).

The next consequential change in the Constitution to address voting rights is the 24th Amendment of 1964. It dictates, “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 any poll tax or other tax” (U.S. Const. amend. XXIV). This means that economic barriers such as poll taxes are not allowed in federal elections, ensuring that financial constraints would not impede the right to vote.

Finally, the 26th Amendment of 1971 decides, “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” (U.S. Const. amend XXVI). The primary motivation in lowering the voting age from 21 to 18 years old was the argument that if individuals are old enough to be drafted for military service, they should also have the right to vote.

These amendments exemplify the American public’s evolving stance on voting rights and eligibility, moving from a general framework to explicit protections against specific forms of disenfranchisement.

References U.S. Constitution. https://www.senate.gov/about/origins-foundations/senate-and-constitution/constitution.htm.