SUFFRAGE IN THE UNITED STATES

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SUFFRAGE IN THE UNITED STATES

• Why is suffrage expansion controversial?
• How has the First Amendment helped suffrage
  advocates?

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SUFFRAGE

• From Latin suffragiam meaning voting tablet
• The right or privilege of voting
• Synonym franchise (ownership)

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Views of suffrage

• If ownership of political
• community Right

• If a grant from government
• to participate Privilege

• If obligation associated with citizenship Duty

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Why is suffrage important?
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Suffrage precious to those denied it
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• Citizenship and suffrage not resolved at
  Constitutional Convention
• States left with power to decide right to vote

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The Constitution and suffrage

• . . .the Constitution of the United States
• does not confer the right of suffrage upon
• any one. . Chief Justice Morrison Waite, Minor
  v. Happersett (1874)

                                                  
                        
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Fourteenth Amendment

• Resolves citizenship
• 2 Consequences for discrimination against males
  age 21
• Equal protection clause basis for voting
  discrimination litigation
• Districting/gerrymandering
• Substantial burdens on classes

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

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Judicial views

• Though not regarded strictly as a natural right,
  but as a privilege merely conceded by society
  according to its will, under certain conditions,
  nevertheless it is regarded as a fundamental
  political right, because preservative of all
  rights.
• Justice Stanley Matthews, Yick Wo v.
  Hopkins.1885

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• The right to vote freely for the candidate of
• one's choice is of the essence of a
• democratic society.
• Reynolds v. Sims,1964

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• If everybody. . .has an opportunity to. . .share
  in electing representatives who will be truly
  representative of the entire community. . .then
  most of these problems we are now confronted with
  would be solved through the political process. .
  .
• Former Chief Justice Earl Warren, 6/27/69

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Congress

• Voting Rights Act 1965 (extended 2006)
• Enforcement of 15th Amendment
• Ended literacy tests
• Gave Attorney General broad
• authority to enforce/supervise

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Proposed Constitutional amendments

• 1991-2 Repeal 26th A. and replace with
  16-year-old vote
• 1993-4 Popular vote to enable and repeal laws
• 2005-6 Right of citizens to vote at 18, subject
  to narrow state regulations

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ACTIVITY

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

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Conclusions. . .

• Suffrage a political issue
• Intertwined with American federalism
• Small c versus big C Constitution