SUFFRAGE IN THE UNITED STATES

SUFFRAGE IN THE UNITED SUFFRAGE IN THE UNITED STATESSTATES

Why is suffrage expansion Why is suffrage expansion controversial?controversial?

How has the First Amendment How has the First Amendment helped suffrage advocates?helped suffrage advocates?

SUFFRAGESUFFRAGE From Latin “suffragiam” meaning From Latin “suffragiam” meaning

“voting tablet” “voting tablet” ““The right or privilege of voting”The right or privilege of voting” Synonym = franchise (ownership)Synonym = franchise (ownership)

Views of suffrage Views of suffrage

If ownership of politicalIf ownership of political

community = Rightcommunity = RightIf a grant from governmentIf a grant from government

to participate = Privilegeto participate = Privilege

If obligation associated with citizenship = DutyIf obligation associated with citizenship = Duty

Why is suffrage important?Why is suffrage important?

right

duty

privilege

Suffrage precious to those Suffrage precious to those denied itdenied it

Citizenship and suffrage Citizenship and suffrage not resolved at not resolved at Constitutional Constitutional ConventionConvention

States left with power to States left with power to decide right to votedecide right to vote

The Constitution and The Constitution and suffragesuffrage

““. . .the Constitution of the United . . .the Constitution of the United StatesStates

does not confer the right of suffrage does not confer the right of suffrage uponupon

any one. .” any one. .” Chief Justice Morrison Waite, Minor v. Chief Justice Morrison Waite, Minor v. Happersett (1874) Happersett (1874)

Fourteenth AmendmentFourteenth Amendment

Resolves citizenshipResolves citizenship

§2: Consequences for discrimination §2: Consequences for discrimination against males age 21against males age 21

Equal protection clause = basis for voting Equal protection clause = basis for voting discrimination litigationdiscrimination litigation

Districting/gerrymanderingDistricting/gerrymandering Substantial burdens on “classes”Substantial burdens on “classes”

But. . .states may not But. . .states may not discriminate in votingdiscriminate in voting based on. . .based on. . . Race (15Race (15thth Amendment) Amendment) Gender (19Gender (19thth Amendment) Amendment) Age (26Age (26thth Amendment) Amendment) Failure to pay poll tax (federal election) (24Failure to pay poll tax (federal election) (24thth

Amendment)Amendment)

Judicial views:Judicial views:

““Though not regarded Though not regarded strictly as a natural strictly as a natural right, but as a privilege right, but as a privilege merely conceded by merely conceded by society according to its society according to its will, under certain will, under certain conditions, nevertheless conditions, nevertheless it is regarded as a it is regarded as a fundamental political fundamental political right, because right, because preservative of all preservative of all rights.” rights.”

Justice Stanley Justice Stanley Matthews, Matthews, Yick Wo v. Yick Wo v. Hopkins.1885Hopkins.1885

““The right to vote freely for the The right to vote freely for the candidate of candidate of

one's choice is of the essence of aone's choice is of the essence of a

democratic society.” democratic society.” Reynolds v. Sims,1964Reynolds v. Sims,1964

““If everybody. . .has an opportunity to. If everybody. . .has an opportunity to. . .share in electing representatives . .share in electing representatives who will be truly representative of who will be truly representative of the entire community. . .then most of the entire community. . .then most of these problems we are now these problems we are now confronted with would be solved confronted with would be solved through the political process. . .”through the political process. . .”

Former Chief Justice Earl Warren, 6/27/69Former Chief Justice Earl Warren, 6/27/69

CongressCongress

Voting Rights Act 1965 (extended Voting Rights Act 1965 (extended 2006)2006)

Enforcement of 15Enforcement of 15thth Amendment Amendment Ended literacy testsEnded literacy tests Gave Attorney General broadGave Attorney General broad

authority to enforce/superviseauthority to enforce/supervise

Proposed Constitutional Proposed Constitutional amendmentsamendments

1991-2: Repeal 261991-2: Repeal 26thth A. and replace A. and replace with 16-year-old votewith 16-year-old vote

1993-4: Popular vote to enable and 1993-4: Popular vote to enable and repeal lawsrepeal laws

2005-6: Right of citizens to vote at 18, 2005-6: Right of citizens to vote at 18, subject to narrow state regulationssubject to narrow state regulations

ACTIVITYACTIVITY

In groups, fill out as much of the In groups, fill out as much of the work sheet as you can (or choose to)work sheet as you can (or choose to)

Prepare to discuss responsesPrepare to discuss responses

Conclusions. . .Conclusions. . .

Suffrage a political Suffrage a political issueissue

Intertwined with Intertwined with American federalismAmerican federalism

Small “c” versus big Small “c” versus big “C” Constitution“C” Constitution