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Amendments: Explanation of Answers
Women: 19th Amendment, ratified in 1920. Previously, some states had permitted
women to vote, but this amendment extended the right to all American women.
18-year-olds: 26th Amendment, ratified in 1971. In 1970, Congress extended the
Voting Rights Act of 1965, the legislation that removed literacy tests and other
discriminatory practices used to prevent blacks from voting. In doing so, Congress
included a provision lowering the qualifying age for voting from 21 to 18 in all national,
state and local elections.
Many states challenged this provision, arguing that it was unconstitutional for the
federal government to establish voting qualifications for state and local elections. In Oregon
v. Mitchell, 400 U.S. 112 (1970), the Supreme Court decided this constitutional issue.
The Court held that Congress was empowered to lower the voting age for federal
elections-thanks to the Necessary and Proper Clause of the Constitution, as
well as several other provisions-but had exceeded its power by applying the lower age to
state and local elections.
To comply with this decision, substantial sums of money would need to be expended to
create separate election systems, one federal and one for all others, and to maintain
different registration records. States farsightedly decided that such a system would be
too confusing, impractical and expensive to run. Thus, the Twenty-Sixth Amendment was
proposed and approved by Congress in March 1971, and ratification completed barely four
months later.
Residents of the District of Columbia: 23rd Amendment, ratified in 1961. The
amendment permits residents of the District to vote for the president and
vice-presidentbut does not give the District members of Congress or the Senate with
full voting rights.
Previously enslaved persons: 15th Amendment, ratified in 1870. The Fifteenth
Amendment was part of a natural progression in the amendments following on the heels of
the Civil War. The Thirteenth Amendment outlawed slavery; the Fourteenth Amendment granted
citizenship to all people born or naturalized in the United States. The Fifteenth
Amendmentwhich 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,was designed to further protect the
rights of the newly freed slaves by eliminating barriers to their voting.
In practice, however, many blacks in the South were not enfranchised by this amendment.
In the years following the ratification of the Fifteenth Amendment, Southern states passed
laws that in effect nullified the federal law. Some of these states required citizens to
pay a fee, known as a poll tax, before being allowed to vote. In addition, grandfather
clauseslimiting the voting right of blacks to those whose fathers or grandfathers
voted before the Civil Warwere added to the constitutions of several Southern
states. Other barriers included white primaries and discriminatory literacy
tests.
Resources
The Law Day 2000 Online Conversation has more information about voting and voter registration.
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