1. Post-Civil War Amendments, Civil Rights and Voting
Sandra Smith Gangle
League of Women Voters of Clark County

2. 14th Amendment –
Sec. 1 “All persons born or naturalized in the United States 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 the United States. “Nor shall any State deprive any person of life, liberty or property without due process of law, nor deprive any person the equal protection of the laws.” Intent: to allow all Black men, whether former slaves or free, to claim citizenship – repudiating USSC’s Dred Scott decision (1857). Also, States and Federal gov’t could not deny or restrict civil and legal rights of Blacks under Bill of Rights. Enforcement difficulty: Plessy v. Ferguson (1896) and Jim Crow laws. Later overturned by Brown v. Bd. of Ed. (1954), Griswold v. Conn. (‘65), Loving v. VA (‘67)

3. Expanding and Restricting the Right to Vote
Fifteenth (1870): The right of citizens to vote shall not be abridged by the United States or by any State on account of race, color or previous condition of servitude.
States enact measures such as poll taxes, literary tests, intimidation strategies to limit voter registrations
Susan B. Anthony, Eliz. Stanton, Sojourner Truth, Alice Paul, Lucy Burns advocated for women’s vote over next 50 years; Triangle Shirtwaist Factory Fire killed 146 women (1911); Wilson finally listen to women’s demand for right to vote
Supreme Ct. says Native Americans are not citizens, cannot vote
and Chinese and Japanese are denied right to naturalization
Nineteenth (1920): The right of citizens . . .to vote shall not be denied or abridged On account of sex.

4. Expanding and Restricting (cont’d)
Twenty-third (1961): Washington, D.C. residents had right to vote, but no representation in Congress
Twenty-sixth (1971): The right of citizens 18 years old to vote shall not be abridged

5. Other Voting Rights Issues, Developments
: Freedom Summer – Volunteer effort to change voting restrictions led to 24th Amendment – right to vote cannot be contingent on payment of a tax
1965: Voting Rights Act barred states from imposing discriminatory restrictions on voting; 1975 required materials in foreign languages
1966: Struggle continues: Violence against James Meredith, Martin Luther King, Jr., Stokely Carmichael; 4,000 African-Americans register
1993: Voter registration available at DMV, public assistance and disabilities agencies
2000: Residents of Puerto Rico, Guam, Samoa and US Virgin Is. cannot vote for president and have no representation in Congress, but are citizens

6. Other Legal Advancements in Civil Rights
1964: Title VII prohibits race, sex discrimination in employment
1968: Fair Housing Act
1972: Title IX, Education Amendments prohibited discrimination in education programs receiving federal support
Equal Credit Opportunity Act abolished sexist bank practices
Pregnancy Discrimination Act
Women’s Educational Equity Act required nonsexist teaching materials, promote math, science, opportunities for girls and women
1984: No sex discrimination in membership organizations
1994: Violence Against Women Act funds services for domestic violence victims

7. What is Not Covered in the Constitution?
Voting Procedures
Boundaries of Representative Districts within states
Requirement of disclosures, i.e. tax returns, property ownership other possible conflicts of interest, by candidates
Truth-telling or fact-checking in communications with voters
Limits on lobbying and other avenues of influence: Citizens United v. FEC case holds that spending is protected speech
Procedures for controlling immigration