American Gov't - week 5 Essay question (SEE ATTACHED FILES TO COMPLETE)

I. The Struggle for the Right to Vote

A. Important Considerations

1. States have power to decide who votes

Article I, Section 2 - “The House of Representatives shall be composed of members

chosen every second year by the people of the several states, and the electors in each state

shall have the qualifications requisite for electors of the most numerous branch of the

state legislature.”

Article I, Section 3 - “The Senate of the United States shall be composed of two

Senators from each state, chosen by the legislature thereof, for six years; and each

Senator shall have one vote.”

17th Amendment (1913) - “The Senate of the United States shall be composed of two

Senators from each state, elected by the people thereof, for six years; and each Senator

shall have one vote. The electors in each state shall have the qualifications requisite for

electors of the most numerous branch of the state legislatures.”

Article II, Section 3 - “Each state shall appoint, in such manner as the Legislature

thereof may direct, a number of electors, equal to the whole number of Senators and

Representatives to which the State may be entitled in the Congress: but no Senator or

Representative, or person holding an office of trust or profit under the United States, shall

be appointed an elector.”

2. No Absolute Constitutional Right to Vote

Although opportunities to disenfranchise portions of the population have been narrowed

over time, there is no absolute constitutional right to vote.

3. Extending the Franchise Involves Conflict

B. Restricting the Vote

1. Early Income, Property, Religion and Good Character Restrictions

A. Gradual expansion driven, in part, by strategic political calculations and popular

demand.

By about 1850, most of these early barriers were overturned and most white men with

residency could vote.

**Thomas Dorr led a rebellion in Rhode Island (1842) to take the franchise by force.**

2. Post Civil War Environment

15th Amendment (1870) - the right of citizens to vote shall not be denied on account of

race, color or previous condition of servitude.

A. National Movement to Limit the Franchise - In the South, the efforts were

designed to restrict black participation. In the North and West, they hoped to

reduce participation among the poor, less-educated, immigrant, and working-class

populations.

Literacy Tests

Implicit - South Carolina used a system (est. in 1882) where votes for different

offices had to be placed in different boxes. If the ballot was placed in the wrong

box, it would not be counted.

Explicit - many states designed tests to restrict access. Most were not designed to

measure literacy. Used throughout the country.

Voting Rights Act of 1965 and Amendments in 1970 - effectively banned the

use of literacy tests.

Poll Tax - by 1904, all of the Solid South had such tax. In four states, it was cumulative

- so you would have to pay back taxes before casting a ballot.

24th Amendment (1964) - 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

poll tax or other tax.

White Primaries - overturned in 1944.

Registration Requirements were embraced throughout the country. These shifted the

burden from the state to the individual.

Overtime, systems became even more restrictive in where, when, and how one

was to register.

Periodic purges of registration lists pushed even more from the rolls.

Piven and Cloward - "Inevitably, over the long run, these informal barriers tended

to exclude those who were less educated and less self-confident, and in any case

were often administered so as to secure that effect."

Felon Disenfranchisement - by the end of the 19th century, many states used such laws

to limit voting. States often passed such laws with an eye toward certain populations.

(You can visit http://www.soc.umn.edu/~uggen/felon_disenfranchisement.htm for more

information about felon disenfranchisement laws in the United States.)

Violence and Terror was often used to discourage or prevent votes from being cast.

Finally, the Voting Rights Act of 1965 made it a federal crime to use intimidation,

coercion or force to prevent someone from voting.

3. Women and Suffrage

Early Suffrage for Women in the West - Wyoming (1890), Colorado (1893), Utah

(1896), Idaho (1896), Washington (1910), California (1911), Oregon (1912), Kansas

(1912), Arizona (1912), Montana (1914), Nevada (1914), South Dakota (1918), and

Oklahoma (1918).

19th Amendment (1920) - “The right of the 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.”

4. Citizens of D.C. - no voting representation in Congress.

23rd amendment (1961) allows D.C. to participate in presidential elections. They get the

minimum number of electoral votes (3) that a state might receive.

5. Voting Age - 26th amendment (1971) lowers the voting age to 18.