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Constitutional Law: Voting rights (Part Two) episode artwork

May 6, 2022 10 min

Constitutional Law: Voting rights (Part Two)

from Supreme Court Opinions Hosted by Dwight Allen

Milestones of national franchise changes 1789: The Constitution grants the states the power to set voting requirements. Generally, states limited this right to property-owning or tax-paying white males (about 6% of the population). 1790: The Naturalization Act of 1790 limited citizenship to "free white persons." In practice, only white male property owners could naturalize and acquire the status of citizens, and the vote. 1792 to 1838: Free black males lose the right to vote in several Northern states including in Pennsylvania and in New Jersey. 1792 to 1856: Abolition of property qualifications for white men, from 1792 (New Hampshire) to 1856 (North Carolina) during the periods of Jeffersonian and Jacksonian democracy. However, tax-paying qualifications remained in five states in 1860—Massachusetts, Rhode Island, Pennsylvania, Delaware and North Carolina. They survived in Pennsylvania and Rhode Island until the 20th century. In the 1820 election, there were 108,359 ballots cast. Most older states with property restrictions dropped them by the mid-1820s, except for Rhode Island, Virginia and North Carolina. No new states had property qualifications although three had adopted tax-paying qualifications – Ohio, Louisiana, and Mississippi, of which only in Louisiana were these significant and long lasting. The 1828 presidential election was the first in which non-property-holding white males could vote in the vast majority of states. By the end of the 1820s, attitudes and state laws had shifted in favor of universal white male suffrage. Voter turnout soared during the 1830s, reaching about 80% of the adult white male population in the 1840 presidential election. 2,412,694 ballots were cast, an increase that far outstripped natural population growth, making poor voters a huge part of the electorate. The process was peaceful and widely supported, except in the state of Rhode Island where the Dorr Rebellion of the 1840s demonstrated that the demand for equal suffrage was broad and strong, although the subsequent reform included a significant property requirement for anyone resident but born outside of the United States. The last state to abolish property qualification was North Carolina in 1856. However, tax-paying qualifications remained in five states in 1860 – Massachusetts, Rhode Island, Pennsylvania, Delaware and North Carolina. They survived in Pennsylvania and Rhode Island until the 20th century. In addition, many poor whites were later disenfranchised. 1868: Citizenship is guaranteed to all persons born or naturalized in the United States by the Fourteenth Amendment, setting the stage for future expansions to voting rights. 1869–1920: Some states allow women to vote. Wyoming was the first state to give women voting rights in 1869. 1870: The Fifteenth Amendment to the United States Constitution prevents states from denying the right to vote on grounds of "race, color, or previous condition of servitude". Disfranchisement after Reconstruction era began soon after. Former Confederate states passed Jim Crow laws and amendments to effectively disfranchise African-American and poor white voters through poll taxes, literacy tests, grandfather clauses and other restrictions, applied in a discriminatory manner. During this period, the Supreme Court generally upheld state efforts to discriminate against racial minorities; only later in the 20th century were these laws ruled unconstitutional. Black males in the Northern states could vote, but the majority of African Americans lived in the South. 1887: Citizenship is granted to Native Americans who are willing to disassociate themselves from their tribe by the Dawes Act, making the men technically eligible to vote.

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