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SUFFRAGE IN THE UNITED STATES. Why is suffrage expansion controversial? How has the First Amendment helped suffrage advocates?. SUFFRAGE. From Latin “suffragiam” meaning “voting tablet” “The right or privilege of voting” Synonym = franchise (ownership). Views of suffrage.
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SUFFRAGE IN THE UNITED STATES Why is suffrage expansion controversial? How has the First Amendment helped suffrage advocates?
SUFFRAGE • From Latin “suffragiam” meaning “voting tablet” • “The right or privilege of voting” • Synonym = franchise (ownership)
Views of suffrage If ownership of political community = Right If a grant from government to participate = Privilege If obligation associated with citizenship = Duty
Citizenship and suffrage not resolved at Constitutional Convention States left with power to decide right to vote
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)
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”
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)
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
“The right to vote freely for the candidate of one's choice is of the essence of a democratic society.” Reynolds v. Sims,1964
“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
Congress Voting Rights Act 1965 (extended 2006) Enforcement of 15th Amendment • Ended literacy tests • Gave Attorney General broad authority to enforce/supervise
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
ACTIVITY • In groups, fill out as much of the work sheet as you can (or choose to) • Prepare to discuss responses
Conclusions. . . • Suffrage a political issue • Intertwined with American federalism • Small “c” versus big “C” Constitution