The Amendments Series: Can 18 Year Olds Vote?

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.

The Congress shall have power to enforce this article by appropriate legislation.

The Twenty-Sixth Amendment

As I’ve been working my way through the amendments that have been introduced and ratified throughout American history, it’s been fascinating to see the different political and social environments that made such amendments prime for ratification. Had any of these amendments been introduced at a different time in American history, they may not have ever been ratified.

Having the correct Zeitgeist is truly the key to successful political change, especially change as significant and permanent as a constitutional amendment.

What was the political environment at the time of the Twenty-Sixth Amendment’s passage?

The Vietnam Conflict.

Historical Context

The Twenty-Sixth Amendment was nothing incredibly new. It the final amendment in a slew of “voting rights” amendments that Congress and the states ratified over the course of a century.

Remember, for most of American history, states dealt with the details surrounding elections. The Fourteenth Amendment shifted some of this power to the federal government by prohibiting state election laws that would prevent any man from voting simply because of the color of skin. In this amendment, age is mentioned. Specifically, the amendment says that states cannot write laws that would prevent, “male inhabitants of [each] state, being twenty-one years of age, and citizens of the United States” from voting in any, federal-state-local, election.

Benson and Morely of the Constitution Center explained Congress’s rationale this way:

"The Senate Report accompanying the Twenty-Sixth Amendment explained that it [The 26th Amendment] was proposed for three main reasons. First, 'younger citizens are fully mature enough to vote.'  Most people between 18 and 21 had completed high school, and many had received at least some higher education. Second, 18-year-olds 'bear all or most of an adult’s responsibilities.' This consideration assumed special importance since over half the American servicemen killed in Vietnam were between 18 and 20. Third, younger voters should be given the chance 'to influence our society in a peaceful and constructive manner.' Excluding 18-year-olds from the political process contributed to violent protests." 

Conclusion

Since the passage of this amendment, there’s been relatively little controversy surrounding it–unlike its close cousin the 14th Amendment–however, there have been some issues regarding the legality of allowing college students to register to vote in their university’s district vs their “home” district. For the most part, young adults attending college have to show an intention to live long term in their university’s district or they are legally required to vote in their “home” district–where they are their parents permanently reside. Some argue that these type of election laws unfairly discriminate against people aged 18-20 and thus violate the 26th Amendment (since it’s difficult to vote in one’s home district if the student can’t manage to leave campus during the Fall). However, the courts have, for the most part, refrained from using the 26th Amendment as justification for nullifying most of these eligibility requirements.

There’s an argument for both sides of the debate, but the point of this article is to merely shine a light on yet another profound addition to our Constitution. Funny how the zeitgeist truly does move and sway and change the very job description of government itself.

The Liberty Belle