The story of Americans and voting is one by which the franchise has been historically continuously been expanded to make eligible more and more people as time has gone by. There was a rallying cry during the Revolution of no taxation without representation. American history has shown that concept has been taken ever further to embrace the principle that any citizen affected by government action should have be able to vote.
Vote Originally Limited to White Males with Property
In the early days of the republic, in most locations, only white male property owners could vote. There was a kind of voting aristocracy. As the years went by, it became apparent that this was inconsistent with the values represented by America’s founding.
Vote Extended to People of Color, Former Slaves, Women and More
Over time, the requirements for property ownership were chipped away. In many free states, the requirement of being white was lifted. With the Civil War and the 15th Amendment former slaves and male citizens of all colors were enfranchised. With the 19th Amendment women across the country were guaranteed access to the ballot. In 1964 with the passage of the 24th Amendment outlawing poll taxes, the last financial obstacle to voting was removed.
Old Enough to Fight and Die; Too Young to Vote
In 1970, the Viet Nam war was raging. Thousands of young Americans between the ages of 18 to 21 had been drafted and sent to war. Many died. Yet in most of America, these young men had not been given the right to vote. They had no say in the election of the representatives that were making decisions about war and about who would fight it, yet they were being forced to participate in that war.
On July 22, 1970 President Richard Nixon signed a law that lowered the voting age to 18 in all elections: local, state and federal. It was however just a law and very quickly, the United States Supreme Court declared the parts of the law that affected state and local elections unconstitutional. The federal government did not have the power to change state law on the subject. This could be done only by constitutional amendment.
Passage of the 26th Amendment
In response to the growing sentiment that it was unfair that young men could be sent to die yet have no say in the government, on March 23, 1971 the Congress sent this proposal to the states:
“Section 1. 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.
Section 2. The Congress shall have the power to enforce this article by appropriate legislation.”
On July 1, 1971, North Carolina became the 38th state to ratify the proposal making it the 26th Amendment to the Constitution. It was ratified in 107 days, becoming the fastest ratification in history, expanding the vote yet again and maintaining the principles of America.
David J. Shestokas - Mr. Shestokas is a former prosecutor & writes on the Constitution & legal issues for the Save America Foundation & Suite 101.
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