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What is the 26th Amendment?
"Section 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.

Section 2. "The Congress shall have the power to enforce this article by appropriate legislation."
The 26th Amendment Defined
The 26th Amendment was passed on March 23rd, 1971

The 26th Amendment was passed on July 7th, 1971
President of the United States
Richard Nixon was the President of the United States during the ratification of the 26th Amendment
Stipulations of the 26th Amendment
The 26th Amendment was a Congressional activation of the adjustment of the voting age within the United States of America; this Amendment allowed for the national voting age to be adjusted to 18 years of age

The 26th Amendment allowed for the institution of a nation voting age in lieu of the preexisting statutes, which allowed for the variance in the legal voting age taking place on a state-by-state basis

Prior to the passing of the Amendment, President Nixon had passed the Voting Rights Act of 1965, which had allowed for the national voting age with regard to Federal and State elections to be set at a mandatory 18 years of age; however, only after its ratification did the 26th Amendment become Constitutional legislature

Upon President Eisenhower addressing the nation in his State of the Union address in 1954, he introduced the elimination of the refusal of suffrage with regard to age parameters

Prior to the passing of the 26th Amendment, only 4 states allowed individuals under 21 years of age the right to vote
States Ratifying the 26th Amendment States Not Participatory in the Ratification of the26th Amendment Court Cases Associated with the 26th Amendment
Oregon v. Mitchell (1970) - this court case took place in the wake of the Vietnam War; the proceedings resulted in the Supreme Court revoking the permission granted to individual states to determine their respective voting age(s)

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What is the 26th Amendment? "Section 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. Section 2.

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Contents

1. The 26th Amendment: "Old Enough to Fight, Old Enough to Vote"

2. Presidential & Congression Support for the 26th Amendment

3. Supreme Court Decision on the 26th Amendment

4. Passage, Ratification and Effects of the 26th Amendment

The long debate over lowering the voting age in America from 21 to 18 began during World War II and intensified during the Vietnam War, when young men denied the right to vote were being conscripted to fight for their country. In the 1970 case Oregon v. Mitchell, a divided U.S. Supreme Court ruled that Congress had the right to regulate the minimum age in federal elections, but not at the state and local level. Amid increasing support for a Constitutional amendment, Congress passed the 26th Amendment in March 1971; the states promptly ratified it, and President Richard M. Nixon signed it into law that July.

The 26th Amendment: "Old Enough to Fight, Old Enough to Vote"

During World War II, President Franklin D. Roosevelt lowered the minimum age for the military draft age to 18, at a time when the minimum voting age (as determined by the individual states) had historically been 21. "Old enough to fight, old enough to vote" became a common slogan for a youth voting rights movement, and in 1943 Georgia became the first state to lower its voting age in state and local elections from 21 to 18.

Did you know? According to the U.S. Census Bureau, young voters (age 18 to 24) were the only group to show a statistically significant increase in turnout in 2008, despite an overall increase of some 5 million voters.

Jennings Randolph, then a Democratic congressman from West Virginia, introduced federal legislation to lower the voting age in 1942; it was the first of 11 times that Randolph, who was later elected to the Senate, would introduce such a bill in Congress. The driving force behind Randolph's efforts was his faith in America's youth, of whom he believed: "They possess a great social conscience, are perplexed by the injustices in the world and are anxious to rectify those ills."

Presidential & Congression Support for the 26th Amendment

Dwight D. Eisenhower, who led the U.S. armed forces to victory in Europe in 1945, later became the first president to publicly voice his support for a constitutional amendment lowering the minimum voting age. In his 1954 State of the Union address, Eisenhower declared: "For years our citizens between the ages of 18 and 21 have, in time of peril, been summoned to fight for America. They should participate in the political process that produces this fateful summons."

In the late 1960s, with the United States embroiled in a long, costly war in Vietnam, youth voting rights activists held marches and demonstrations to draw lawmakers' attention to the hypocrisy of drafting young men and women who lacked the right to vote. In 1969, no fewer than 60 resolutions were introduced in Congress to lower the minimum voting age, but none resulted in any action. The following year, when Congress passed a bill extending and amending the Voting Rights Act of 1965, it contained a provision that lowered the voting age to 18 in federal, state and local elections. Though he signed the bill into law, President Richard M. Nixon issued a public statement declaring that he believed the provision to be unconstitutional. "Although I strongly favor the 18-year-old vote," Nixon continued, "I believe-along with most of the Nation's leading constitutional scholars-that Congress has no power to enact it by simple statute, but rather it requires a constitutional amendment."

Supreme Court Decision on the 26th Amendment

In the 1970 case Oregon v. Mitchell, the U.S. Supreme Court was tasked with reviewing the constitutionality of the provision. Justice Hugo Black wrote the majority decision in the case, which held that Congress did not have the right to regulate the minimum age in State and local elections, but only in federal elections. The issue left the Court seriously divided: Four justices, not including Black, believed Congress did have the right in state and local elections, while four others (again, not including Black) believed that Congress lacked the right even for federal elections, and that under the Constitution only the states have the right to set voter qualifications.

Under this verdict, 18- to 20-year-olds would be eligible to vote for president and vice president, but not for state officials up for election at the same time. Dissatisfaction with this situation-as well as public reaction to the protests of large numbers of young men and women facing conscription, but deprived of the right to vote-built support among many states for a Constitutional amendment that would set a uniform national voting age of 18 in all elections.

Passage, Ratification and Effects of the 26th Amendment

On March 10, 1971, the U.S. Senate voted unanimously in favor of the proposed amendment. After an overwhelming House vote in favor on March 23, the 26th Amendment went to the states for ratification. In just over two months-the shortest period of time for any amendment in U.S. history-the necessary three-fourths of state legislatures (or 38 states) ratified the 26th Amendment, and President Nixon signed it into law that July. At a White House ceremony attended by 500 newly eligible voters, Nixon declared: "The reason I believe that your generation, the 11 million new voters, will do so much for America at home is that you will infuse into this nation some idealism, some courage, some stamina, some high moral purpose, that this country always needs."

Though newly minted young voters were expected to choose Democratic challenger George McGovern, an opponent of the Vietnam War, Nixon was reelected by an overwhelming margin-winning 49 states-in 1972. Over the next decades, the legacy of the 26th Amendment was a mixed one: After a 55.4 percent turnout in 1972, youth turnout steadily declined, reaching 36 percent in the 1988 presidential election. Though the 1992 election of Bill Clinton saw a slight rebound, voting rates of 18- to 24-year-olds remained well behind the turnout of older voters, and many lamented that America's young people were squandering their opportunities to enact change. The 2008 presidential election of Barack Obama saw a voter turnout of some 49 percent of 18- to 24 year-olds, the second highest in history.

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The 26th Amendment: "Old Enough to Fight, Old Enough to Vote" Presidential & Congression Support for the 26th Amendment Supreme Court Decision on the 26th Amendment Passage, Ratification and Effects of the 26th Amendment The long debate over lowering the voting age in America from 21 to 18 began during World War II and intensified during the Vietnam War, when young men denied the right to vote were being conscripted to fight for their country.

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National Constitution Center - The 23rd Amendment of the U.S. Constitution

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The 23rd Amendment of the U.S. Constitution

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SECTION. 1. The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:

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The 23rd Amendment grants presidential voting rights to citizens of the District of Columbia and representation for D.C. in the Electoral College.

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15th Amendment - Black History - HISTORY.com

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Find out more about the history of 15th Amendment, including videos, interesting articles, pictures, historical features and more. Get all the facts on HISTORY.com

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The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering th…

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You are currently viewing a legacy feature of the Texas Politics Project website. Please visit the expanded Texas Politics Project website to learn more about our updated webtext and to find additional educational resources.

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National Constitution Center - The 5th Article of the U.S. Constitution

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The 5th Article of the U.S. Constitution

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The problem is not that the constitutional amendment process requires a consensus but that the Supreme Court often intervenes before a consensus can emerge. A consensus often takes a long time to develop.

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A Bit of History
How are amendments proposed and ratified?
Article V of the Constitution details that an amendment may be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislature. After Congress proposes an amendment, the Archivist of the United States, the head of the National Archives and Records Administration (NARA), submits the proposed amendment to each State's governor for their consideration. An amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States.
The Effect of the Bill of Rights
There is no way to quantify the effects that the Bill of Rights has had. The first ten amendments of the Constitution have dictated Judicial law and have been an integral part to American society. Whether it is the right to due process, freedom of religion or the right to protest, the first ten amendments have proven to be the most important laws in American society.
Why Amendments are passed:
Amendments are the only way to change the constitution. The purpose of amendments is to provide a law with the protection of the federal government. States are unable to pass any law that violates with an amendment. Amendments typically reflect the changing societal views of the people and are to protect the people from unfair state legislature.
How and why were the Bill of Rights added to the US Constitution

The ratification of the US constitution proved to be very difficult. At the time of the Constitution Convention, there were two major factions: the Federalists and the Anti-Federalists. The Anti-Federalists were against ratification because they felt the US government was too powerful and wanted a Bill of Rights. The Federalists believed that the separation of powers was sufficient. However, James Madison approved a compromise to draft a new Bill of Rights the next time they met, which later proved to be enough to get the last remaining states to ratify it.
Thirteenth through Fifteenth Amendments
The Effects of these Later Amendments
After the Bill of Rights, there are an additional 17 amendments to the Constitution. Many of these amendments were added to provide minorities with the same rights to those who already had them, while others expanded the powers of the federal government. The federal government's power has expanded exponentially since the Bill of Rights were passed. Just don't tell the Anti-Federalists.

Citation: Bill of Rights and Later Amendments. (n.d.). <i>Bill of Rights and Later Amendments</i>. Retrieved October 29, 2013, from http://www.ushistory.org/documents/amendments.htm#amend27
The Purpose of Amendments in the United States Constitution

The Bill of Rights are the first ten amendments of the Constitution. It was originally a pretty controversial idea when it was proposed in 1789, because it was reminiscent of the British Monarchy, who had their own version of a "Bill of Rights". Nonetheless, James Madison, the architect of the original constitution, was convinced by Thomas Jefferson to put it in. In Jefferson's mind, it was essential to prevent federal tyranny. He stated that the Bill of Rights were: "what the people are entitled to against every government on earth, general or particular, and what no just government should refuse".
Citation: The Constitutional Amendment Process. (n.d.). Constitutional Amendment Process. Retrieved October 28, 2013, from http://www.archives.gov/federal-register/constitution/
Citation: American Civil Liberties Union. (n.d.). American Civil Liberties Union. Retrieved October 29, 2013, from https://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/bill-rights-brief-history
Citation: Federalists and Anti-Federalists. (n.d.). <i>ThinkQuest</i>. Retrieved October 29, 2013, from http://library.thinkquest.org/11572/creation/framing/feds.html
While the constitution never explicitly states that the Bill of Rights applies to only white men, it was definitely originally interpreted that way. Slavery was a contentious issue since the early days of the 19th century, and remained so until the end of the civil war. The 13th amendment was passed by President Lincoln, outlawing slavery. The 14th and 15th amendments were later ratified to explicitly give these newly freed black citizens the same rights as whites (although it would prove to be a very difficult road in enforcing those amendments).

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The Purpose of Amendments in the United States Constitution

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A Bit of History How are amendments proposed and ratified? Article V of the Constitution details that an amendment may be proposed by Congress with a two-thirds majority in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislature.

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You're trying to access resources outside of your free History Hub community. You can get access through a subscription to one of ABC-CLIO Solutions' 16 social studies curriculum and research resources.