The Mudcat Café TM
Thread #96211   Message #1878794
Posted By: JohnInKansas
08-Nov-06 - 12:10 AM
Thread Name: BS: US Democracy 33% cannot vote !
Subject: RE: BS: US Democracy 33% cannot vote !
Several people here have argued about what the US Founding Fathers established as the "right to vote," and have made vigorous assertions about what "The Constitution says." It appears that few, including those making such assertions, have actually had a copy of the US Constitution and its amendments to consult on the subject.

In its original form, the US Constitution made no reference to the requirements for citizens to vote and provided no "definition of citizenship." There were detailed sections on how members of Congress shall conduct votes in Congress; but the requirements for individuals to be counted as citizens (to be eligible to vote) was left entirely to the states.

Each state was, and is, free to set its own requirements for voters. Many states then recognized citizenship for a far wider range of persons than were granted the right to vote, with ownership of a specified value in property being a very common criterion for voting. Membership in "the Church" was a requirement in some.

Several US Supreme Court decisions, and a few Amendments, have imposed limits on requirements that states may impose for voters, but most of those have been too recent to be called the "will of the Founders."

While the original Constitution requires that members of Congress be "citizens," there was no definition of what makes a person a citizen of the US or of any State. The first appearance that might be construed as "defining citizenship" appeared in 1898 with the 14th Amendment:

In part:

Amendment XIV - Citizenship rights. Ratified 7/9/1868.
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Indirectly, the subsequent paragraphs of Amendment IV established the requirement that anyone age 21 or older could not be denied voting rights on the basis of age alone.

Amendment XV requires that race alone shall not bar a person from having all the rights of citizenship.

Amendment XV - Race no bar to vote. Ratified 2/3/1870.
1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The 19th Amendment provided that citizens could not be barred from voting because of their sex.

Amendment XIX - Women's suffrage. Ratified 8/18/1920.
The right of 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.

The poll tax ban appeared only in 1964 with the 24th Amendment.

Amendment XXIV - Poll tax barred. Ratified 1/23/1964.
1. 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 any poll tax or other tax.

The age for voting was lowered to 18 by:

Amendment XXVI - Voting age set to 18 years. Ratified 7/1/1971.
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.

Those who would like to make their own search for quibbles may find an excellent copy of the US Constitution: Amended at http://www.usconstitution.net/const.html


Side note:

As indicated, the US Constitution specifies some things a state cannot do in determining who may vote, but requirements not prohibited still may be imposed by each individual state; and it is quite possible for a state to allow voting by persons who would not have that right in another state. It is not necessary that voting for national offices be subject to the same requirements as voting for state or local issues except for the above limitations, and there have been quite a few places where different requirements have been applied.

From Notable Kansas Women:

"Susanna Madora Salter, Argonia, was elected the first woman mayor in the United States. She and her husband Lewis Salter lived in the Sumner County community where she cared for their young children and became an officer in the local Woman's Christian Temperance Union. Nominated for mayor as a joke, Salter surprised the group and received two-thirds of the votes. She was elected in April 1887, just weeks after Kansas women had gained the right to vote in city elections."

John