Module 13: Voting Rights in America

The original Constitution did not specifically protect the right to vote—leaving the issue largely to the states. For much of American history, this right has often been granted to some, but denied to others; however, through a series of amendments to the Constitution, the right to vote has expanded over time. These amendments have protected the voting rights of new groups, including by banning discrimination at the ballot box based on race (15th Amendment) and sex (19th Amendment). They also granted Congress new power to enforce these constitutional guarantees, which Congress has used to pass landmark statutes like the Voting Rights Act of 1965. While state governments continue to play a central role in elections today, these new amendments carved out a new—and important—role for the national government in this important area.

Learning Objectives

1. Describe what the Constitution says about voting rights.
2. Identify who can vote in America during various periods in our nation’s history
3. Explore the role of federalism in the context of voting and elections in America.
4. Discuss the groups that benefited from the 12th, 15th, 17th, 19th, 23rd, 24th, and 26th Amendments.
5. Analyze battles at the Supreme Court over the Voting Rights Act of 1965.
6. Describe the long battle over women’s suffrage, culminating in the 19th Amendment.

13.1 Activity: Voting in the Constitution

• Student Instructions
• Teacher Notes

Purpose
In this activity, you will reflect on the importance of the right to vote and the value of informed voters.

Process
Review the following quote from Frances Ellen Watkins Harper, abolitionist, suffragist, poet, and writer:

“I do not think the mere extension of the ballot a panacea for all the ills of our national life. What we need to-day is not simply more voters, but better voters.”

Women’s Political Future, 1893 by Frances Ellen Watkins Harper

After reviewing the quote, discuss with a partner the following questions:

• What is your immediate reaction to the quote?
• Why is the right to vote important?
• What does it mean to be a “better voter?”
• Can the right to vote address the “ills of our national life?” If so, how?
• What other actions are needed to address these ills?
• Do you agree or disagree with the quote, and why?
  

Launch
Present the Visual Info Brief: Frances Harper Quote on the board for the class to view. Define “panacea” for all students.

Share with the students additional information about Harper with the Info Brief: Frances Ellen Watkins Harper. Note the year of the quote. What can they say about the year in relation to voting rights in America? Understanding the social context of the time will help students explore the meaning of the quote in greater detail. Examine the importance of the year, as well as her gender and race, in understanding Harper’s quote.

Activity Synthesis
Have students share their reactions to the quote with a partner and then discuss it as a class.

Activity Extension (optional)
Invite students to review the transcript of the longer entry of Women’s Political Future and compare it with another famous speech from earlier in Harper’s life, We are All Bound Up Together.

13.1 Visual Info Brief: Frances Harper Quote

13.1 Info Brief: Frances Ellen Watkins Harper

13.2 Video: Voting Rights in America

• Student Instructions
• Teacher Notes

Purpose
In this activity, you will learn about the amendments, laws, and Supreme Court cases that have shaped voting rights in America.

Process
Watch the following video about voting rights in America.

Launch
Give students time to watch the video and answer the questions on the worksheet.

Activity Synthesis
Have students identify the patterns they see in the history of the right to vote in America. Ask them to reflect on the role of voting in the American constitutional system, and why it is important for citizens to have the right to vote.

Activity Extension (optional)
Now that students have a better understanding of the history of voting rights in America, ask students to conduct additional research about voting rights and election practices during one of the time periods identified in the worksheet.

13.2 Video Reflection: Voting Rights in America

13.3 Activity: Exploring Elections and Voting in the Constitution

• Student Instructions
• Teacher Notes

Purpose
In this activity, you will examine how the constitutional amendments have shaped elections and voting throughout American history. You will also explore the role of federalism in the context of elections and voting in America.

Process
First, begin by reading the Info Brief: Elections and Voting in the Constitution. Then in your group, read the Interactive Constitution essay assigned to your group and take notes.

Constitutional amendments addressing election and voting rights:

• 12th Amendment
  • Text of the Constitution
  • Common Interpretation
  • Text of the Constitution
  • Common Interpretation
  • Text of the Constitution
  • Common Interpretation
  • Text of the Constitution
  • Common Interpretation
  • Text of the Constitution
  • Common Interpretation
  • Text of the Constitution
  • Common Interpretation
  • Text of the Constitution
  • Common Interpretation

  Finally, share with your class what you learned about your assigned amendment and how it shaped elections and voting in elections. Then, explore the following questions:

  • What does the Constitution say about voting rights? What’s in there, and what isn’t?
  • Who can vote in America (and when)?
  • Before the Constitution, who could vote, and which governments controlled elections and voting?
  • How did Reconstruction transform voting rights in America? What were its limits?
  • Which groups benefited from the 12th, 15th, 17th, 19th, 23rd, 24th, and 26th Amendments?

  Launch
  Begin by asking students: Where in the Constitution do you see language that relates to elections and voting?

  Have the students read Info Brief: Elections and Voting in the Constitution.

  Assign students one or more of the following sections of the Interactive Constitution to read:

  • 12th Amendment
  • 15th Amendment
  • 17th Amendment
  • 19th Amendment
  • 23rd Amendment
  • 24th Amendment
  • 26th Amendment

  While analyzing their assigned amendment(s), have the students complete the Activity Guide: Elections and Voting in the Constitution.

  Then, have students meet in small groups to share and compare what they learned and build upon each other’s findings.

  Activity Synthesis
  Have students identify:

  • What does the Constitution say about voting rights? What’s in there, and what isn’t?
  • Who can vote in America (and when)?
  • Before the Constitution, who could vote, and which governments controlled elections and voting?
  • How did Reconstruction transform voting rights in America? What were its limits?
  • Which groups benefited from the 12th, 15th, 17th, 19th, 23rd, 24th, and 26th Amendments?

  Activity Extension (optional)
  Now that students have a better understanding of voting at the national level, ask the following questions:

  • What is the role of the states in voting and elections? What can states control? What limits are set by the Constitution?
  • What sorts of limits were in the original Constitution? What sorts of limits were added through the constitutional amendment process?
  • How do voting requirements vary in different states?
  • Do you think that we need any other constitutional amendments concerning elections and voting? Why, or why not?
  Constitution 101 Resources

  13.3 Info Brief: Elections and Voting in the Constitution

  Constitution 101 Resources

  13.3 Activity Guide: Exploring Elections and Voting in the Constitution

  13.4 Primary Source Readings: The Supreme Court and the Vote

  • Student Instructions
  • Teacher Notes

  Purpose
  In this activity, you will read a primary source about voting rights and then analyze two landmark Supreme Court decisions addressing the Voting Rights Act of 1965.

  The teacher will then divide your class into groups. With your group, read W.E.B. DuBois, The Souls of Black Folk (1903), and the NAACP, Platform Adopted by National Negro Committee (1909). Then, complete the relevant part of the Case Brief: The Supreme Court and the Vote worksheet, reflecting on the following questions:

  • Who authored the primary source, and when?
  • What is the call to action in this source?
  • Did the American people, their elected officials, and/or the Supreme Court address these concerns over time? If so, when?

  Now, your teacher will assign your group one of the following Supreme Court cases. Please read the background information and case excerpt for your assigned case and reflect on how the Court interpreted Congress’s power to enforce the right to vote in each case.

  After you read the content of your assigned case, summarize the key arguments offered by the justices, complete the relevant part of the Case Brief: The Supreme Court and the Vote worksheet, reflecting on the following questions:

  • Facts: Who are all the people (parties) associated with the case? What was the dispute between them?
  • Issue: What is the issue in the case? What constitutional provision is at issue? What is the constitutional question that needs to be answered?
  • How does the Court rule? What was the outcome in the case? Who won and who lost? How did the justices vote? What sort of rule does the Court come up with to resolve the issue?
  • Who was the author of the majority opinion?
  • Were there any concurring or dissenting opinions? Who authored them? What did they say? How would the justices who authored them have ruled in the case?
  • How does the Court’s decision address voting rights?
  • Were the calls to action from the NAACP committee and W.E.B. DuBois met?

  Launch
  Give students time to read primary source documents and summarize the key arguments of the document in support of granting the right to vote. Sources: W.E.B. DuBois, The Souls of Black Folk (1903) and the NAACP, Platform Adopted by National Negro Committee (1909).

  Activity Synthesis

  • As a large group, discuss each source and which arguments were the most and least convincing.
  • Have students compare the arguments presented in the sources and identify similarities and differences.
  • Ask the class, which, if any, of the arguments presented in the sources are still applicable today? For which groups of people?

  Next, assign each group one of the following Supreme Court cases.

  • South Carolina v. Katzenbach
  • Shelby County v. Holder

  Have groups continue to build on their Case Brief: The Supreme Court and the Vote worksheet and share their findings.

  • Facts: Who are all the people (parties) associated with the case? What was the dispute between them?
  • Issue: What is the issue in the case? What constitutional provision is at issue? What is the constitutional question that needs to be answered?
  • How does the Court rule? What was the outcome in the case? Who won and who lost? How did the justices vote? What sort of rule does the Court come up with to resolve the issue?
  • Who was the author of the majority opinion?
  • Were there any concurring or dissenting opinions? Who authored them? What did they say? How would the justices who authored them have ruled in the case?
  • How does the Court’s decision address voting rights?
  • Were the calls to action from the NAACP committee and W.E.B. DuBois met?

  Activity Extension (optional)
  What about women’s suffrage? To understand some of the early debates over women’s voting rights and the Constitution, read an excerpt from the Supreme Court’s decision in Minor v. Happersett and compare it with Susan B. Anthony’s Closing Argument at her trial for election fraud in United States of America v. Susan B. Anthony. Reflect on the following questions:

  • How did the Supreme Court rule? What were the Court’s key arguments?
  • What were the key arguments advanced by Susan B. Anthony?
  • Compare and contrast the arguments advanced by each. Who offered a more persuasive constitutional argument? Why?