The Constitution and the Right to Vote Magruder Chapter Six

The Constitution and the Right to Vote

Magruder Chapter SixMagruder Chapter Six

The History of Voting Rights

In the early 1800s religious, property-In the early 1800s religious, property-ownership, and tax-payment qualifications ownership, and tax-payment qualifications were removed, and almost all white males were removed, and almost all white males could votecould vote

After the Civil War, the 15After the Civil War, the 15 thth Amendment Amendment removed racial barriers, though African removed racial barriers, though African Americans remained largely Americans remained largely disenfranchiseddisenfranchised

The History of Voting Rights In 1920 the 19In 1920 the 19thth Amendment granted Amendment granted

women suffragewomen suffrage In the 1960s Congress banned all poll taxes, In the 1960s Congress banned all poll taxes,

passed the Voting Rights Act, and granted passed the Voting Rights Act, and granted the vote to resident of Washington D.C., all the vote to resident of Washington D.C., all of which expanded voting rights for African of which expanded voting rights for African AmericansAmericans

In 1971 the 26In 1971 the 26thth Amendment granted Amendment granted suffrage to 18-year oldssuffrage to 18-year olds

The Power to Set Voting Qualifications The Constitution reserves to the States the The Constitution reserves to the States the

right to set suffrage requirements, but right to set suffrage requirements, but restricts the States’ use of that powerrestricts the States’ use of that power

These restrictions prohibit the States from These restrictions prohibit the States from withholding suffrage from groups protected withholding suffrage from groups protected by the Constitution – African Americans, by the Constitution – African Americans, women, and persons 18 years old and abovewomen, and persons 18 years old and above

The Power to Set Voting Qualifications They also forbid the use of poll taxes and They also forbid the use of poll taxes and

require States to allow all persons qualified require States to allow all persons qualified to vote for the lower house of the State to vote for the lower house of the State legislature to vote for members of Congresslegislature to vote for members of Congress

Voter Qualifications Among the States

Citizenship and Residence

CitizenshipCitizenship Aliens are generally not allowed to vote, Aliens are generally not allowed to vote,

although it is not prohibited by the although it is not prohibited by the ConstitutionConstitution

Only one State constitution draws a Only one State constitution draws a distinction between native-born and distinction between native-born and naturalized (Minnesota)naturalized (Minnesota)


ResidenceResidence All States have residence requirements in All States have residence requirements in

order to prevent election fraud and ensure order to prevent election fraud and ensure that citizens have had time to familiarize that citizens have had time to familiarize themselves with relevant issues before votingthemselves with relevant issues before voting

In 1972, the Supreme Court ruled that no In 1972, the Supreme Court ruled that no State can require a waiting period longer than State can require a waiting period longer than 30 days30 days


Almost all States deny the vote to transientsAlmost all States deny the vote to transients AgeAge The 26The 26thth Amendment sets 18 as the cap on Amendment sets 18 as the cap on

the minimum age for voting in any electionthe minimum age for voting in any election A growing number of States allow 17 year A growing number of States allow 17 year

olds to cast ballots in primary elections if olds to cast ballots in primary elections if they will turn 18 before the general electionthey will turn 18 before the general election

Other Qualifications

RegistrationRegistration States require voters to prove their identity States require voters to prove their identity

when they register to vote in order to avoid when they register to vote in order to avoid election fraudelection fraud

There is a growing trend toward easing There is a growing trend toward easing voter registration laws, which discriminate voter registration laws, which discriminate against the poor and less-educatedagainst the poor and less-educated


LiteracyLiteracy Literacy tests were used to ensure that Literacy tests were used to ensure that

voters had the capacity to cast an informed voters had the capacity to cast an informed ballot, but they were also used to ballot, but they were also used to discriminate against African Americansdiscriminate against African Americans

As a result, Congress banned the use of As a result, Congress banned the use of Literacy Tests in 1970Literacy Tests in 1970


Tax PaymentTax Payment Poll taxes were once common in the SouthPoll taxes were once common in the South Congress and the Supreme Court banned all Congress and the Supreme Court banned all

taxes as a condition for voting during the taxes as a condition for voting during the 1960s1960s


Who May Not VoteWho May Not Vote In a democracy, suffrage must be widely In a democracy, suffrage must be widely

distributeddistributed Every State denies suffrage to those who Every State denies suffrage to those who

are mentally incompetent, and most are mentally incompetent, and most disenfranchise those convicted of serious disenfranchise those convicted of serious crimescrimes

Suffrage and Civil Rights

The 15th Amendment

The purpose of the 15The purpose of the 15thth Amendment (1870) Amendment (1870) was to grant suffrage to newly freed slaveswas to grant suffrage to newly freed slaves

White supremacists in the South devised White supremacists in the South devised many ways to prevent African American many ways to prevent African American from votingfrom voting

Between the 1950s and 1960s, Congress Between the 1950s and 1960s, Congress passed a number of civil rights laws passed a number of civil rights laws designed to end this disenfranchisementdesigned to end this disenfranchisement

The Civil Rights Actsof 1957 and 1960 The Civil Rights Act of 1957 set up a The Civil Rights Act of 1957 set up a

federal Civil Rights Commission and gave federal Civil Rights Commission and gave the Attorney General the power to seek the Attorney General the power to seek injunctions against any person or group that injunctions against any person or group that sought to interfere with the voting rights of sought to interfere with the voting rights of qualified personsqualified persons

The Civil Rights Actsof 1957 and 1960 The Civil rights Act of 1960 provided for The Civil rights Act of 1960 provided for

the appointment of federal voting referees, the appointment of federal voting referees, who could be sent anywhere a federal court who could be sent anywhere a federal court found discriminationfound discrimination

The Civil Rights Act of 1964

The Civil Rights Act of 1964 outlawed job The Civil Rights Act of 1964 outlawed job discriminationdiscrimination

It also forbade States to use voter registration It also forbade States to use voter registration requirements in a discriminatory mannerrequirements in a discriminatory manner

The Voting Rights Act of 1965

The Voting Rights Act of 1965 was a The Voting Rights Act of 1965 was a vigorous attempt to enforce the 15vigorous attempt to enforce the 15 thth Amendment by attacking discriminatory Amendment by attacking discriminatory practices in the South and sending in federal practices in the South and sending in federal officials to ensure that African Americans officials to ensure that African Americans were allowed to votewere allowed to vote

The Voting Rights Act of 1965

The law has been extended three times, The law has been extended three times, expanding its coverage to States and expanding its coverage to States and counties outside the South and to “language counties outside the South and to “language minorities” – Hispanics, Native Americans, minorities” – Hispanics, Native Americans, Asian American, and Alaskan NativesAsian American, and Alaskan Natives

NonVoting

The Size of the Problem

Only about one-half of eligible voters turn Only about one-half of eligible voters turn out in presidential electionsout in presidential elections

Only about one-third of eligible voters turn Only about one-third of eligible voters turn out in off-year electionsout in off-year elections

Little-Recognized Aspects of the ProblemLittle-Recognized Aspects of the Problem More people vote in federal than in State More people vote in federal than in State

and local electionsand local elections

The Size of the Problem

Little-Recognized Aspects of the ProblemLittle-Recognized Aspects of the Problem In general, the farther down the ballot an In general, the farther down the ballot an

office is, the fewer the number of votes office is, the fewer the number of votes that will be cast for it. This phenomenon that will be cast for it. This phenomenon is called “ballot fatigue”is called “ballot fatigue”

Turnout is lower in off-year elections, Turnout is lower in off-year elections, primaries, and special elections than it is primaries, and special elections than it is in presidential-year electionsin presidential-year elections

Why People Do Not Vote

Cannot votersCannot voters Nearly 20 million Americans do not vote Nearly 20 million Americans do not vote

because they cannotbecause they cannot Cannot voters include aliens, the mentally Cannot voters include aliens, the mentally

or physically handicapped, and people in or physically handicapped, and people in prisonprison


Some people cannot vote because their Some people cannot vote because their religious beliefs forbid them to participate religious beliefs forbid them to participate in governmentin government

Some are still prevented from voting Some are still prevented from voting because of discriminatory electoral because of discriminatory electoral practicespractices


Actual NonVotersActual NonVoters Many people do not vote because they are Many people do not vote because they are

satisfied with the political system as it is satisfied with the political system as it is and believe that the outcome of elections and believe that the outcome of elections will not affect themwill not affect them


Many others do not vote because they Many others do not vote because they distrust the political process and do not distrust the political process and do not think that they have any effective political think that they have any effective political powerpower

Bad weather, “time-zone fallout,” and Bad weather, “time-zone fallout,” and cumbersome election procedures keep some cumbersome election procedures keep some away from the pollsaway from the polls


Factors Affecting TurnoutFactors Affecting Turnout Voters are most likely to be people at the Voters are most likely to be people at the

higher end of the social, economic, and higher end of the social, economic, and educational ladder, active in their educational ladder, active in their communities, and who experience few communities, and who experience few cross-pressurescross-pressures


Nonvoters are most likely to be under 35, Nonvoters are most likely to be under 35, unmarried and unskilled, and living in the unmarried and unskilled, and living in the South or a rural areaSouth or a rural area

People with a high sense of political People with a high sense of political efficacy vote no matter what their personal efficacy vote no matter what their personal backgroundbackground

The greater the degree of candidate The greater the degree of candidate competition, the higher the voter turnoutcompetition, the higher the voter turnout

Voter Behavior

The Study of Voter Behavior

Observers learn about voter behavior Observers learn about voter behavior through three main sourcesthrough three main sources

They carefully study the results of particular They carefully study the results of particular electionselections

They conduct and study public opinion They conduct and study public opinion pollspolls


They try to understand political They try to understand political socialization – all of the complex influences socialization – all of the complex influences that go into how people see the political that go into how people see the political world and their role in itworld and their role in it

Sociological factors include a voter’s Sociological factors include a voter’s personal social characteristics, such age, personal social characteristics, such age, race, religion, and so onrace, religion, and so on


Psychological factors include how a Psychological factors include how a particular voter sees parties, candidates, and particular voter sees parties, candidates, and issues in an electionissues in an election

The Sociological Factors

Income, Occupation – business and Income, Occupation – business and professional people and those from higher professional people and those from higher income groups tend to support the income groups tend to support the Republican party while manual workers and Republican party while manual workers and those from lower income groups tend to those from lower income groups tend to support the Democratic partysupport the Democratic party


Education – The more education a person Education – The more education a person has, the more likely he or she is to vote has, the more likely he or she is to vote RepublicanRepublican

Sex, Age – In recent years, men and Sex, Age – In recent years, men and younger voters have been more likely to younger voters have been more likely to vote Republicanvote Republican


Religious, Ethnic Background – Jews, Religious, Ethnic Background – Jews, Catholics, and nonwhites tend to support Catholics, and nonwhites tend to support the Democratic partythe Democratic party

Geography – Traditionally, Southerners and Geography – Traditionally, Southerners and residents of large northeastern cities have residents of large northeastern cities have been strongly Democraticbeen strongly Democratic


Family, Other Group Affiliations – People Family, Other Group Affiliations – People in the same family or circle of friends tend in the same family or circle of friends tend to vote aliketo vote alike

The Psychological Factors

Party Identification – A voter’s loyalty to Party Identification – A voter’s loyalty to one political party is the single most one political party is the single most important predictor of how a person will important predictor of how a person will votevote

Candidates and Issues – Although many Candidates and Issues – Although many voters usually vote for one party or the voters usually vote for one party or the other, they may switch allegiances in a other, they may switch allegiances in a given election based on the particular given election based on the particular candidates or issues involvedcandidates or issues involved

Documents

The Constitution and the Right to Vote Magruder Chapter Six