"Election Day: The Constitutional Evolution of American Freedom"

Election Day, the hallmark of American freedoms. This day remains a testament to the enduring principles and structures enshrined in the United States Constitution. This crucial day, when citizens exercise their right to vote and choose their leaders, is the result of a constitutional evolution that has expanded and abolished oppressive practices, and fortified the foundations of a representative government for the people. In this article, we will explore the remarkable journey from the Constitution's inception to the establishment of Election Day as we know it today.

Casey Adams

11/7/20234 min read

Early Constitutional Roots: Limited Suffrage

When the United States Constitution was drafted in 1787, the concept of suffrage was a far cry from the universal voting rights recognized today.

At its inception, the Constitution left the determination of voter eligibility to individual states.

This delegation of power resulted in a patchwork of voting qualifications across the new nation, with suffrage largely limited to a select group.

In most states, the right to vote was restricted to white male property owners.

Women, African Americans, Native Americans, and non-property-owning white males were categorically excluded from participating in elections.

This exclusion reflected the prevailing societal norms and power structures of the time, where voting was viewed as a privilege tied to property ownership and societal standing, rather than an inherent right.

The Evolution of Suffrage:

Constitutional Amendments

As the United States grew and matured, so too did its understanding of suffrage as a fundamental right.

A series of constitutional amendments expanded the electorate, gradually dismantling the barriers that had previously restricted participation.

  • The 15th Amendment (1870): Ratified in the aftermath of the Civil War, this amendment prohibited the denial of the right to vote based on race, color, or previous condition of servitude. For the first time, African American men were constitutionally guaranteed the right to vote, although systemic racism and discriminatory practices, such as poll taxes and literacy tests, often undermined this promise in practice.

  • The 19th Amendment (1920): After decades of activism by the women’s suffrage movement, this amendment granted women the right to vote. It marked a pivotal moment in American history, ending the gender-based exclusion that had persisted since the nation’s founding.

  • The 26th Amendment (1971): Spurred by the Vietnam War, this amendment lowered the voting age from 21 to 18. Advocates argued that if young Americans could be drafted to fight and die for their country, they deserved the right to vote. This change expanded suffrage to millions of young citizens, cementing their role in shaping the nation’s future.

The Civil Rights Movement and the Voting Rights Act:

A Turning Point

While constitutional amendments laid the groundwork for broader suffrage, the fight for voting rights required continued effort.

The Civil Rights Movement of the 1950s and 1960s brought the issue of voter suppression, particularly in the South, to the forefront of national consciousness.

The Voting Rights Act of 1965 was a landmark piece of legislation aimed at eliminating discriminatory practices that had disenfranchised African Americans for decades.

The Act outlawed literacy tests and other voter suppression tactics while empowering the federal government to oversee voter registration and elections in states with a history of discrimination.

This legislation significantly increased voter participation among African Americans and other marginalized groups, reinforcing the constitutional principle of equal access to the ballot box.

The Establishment of a Fixed Election Day:

The Electoral Count Act of 1887

One of the lesser-known yet significant milestones in the evolution of American elections was the passage of the Electoral Count Act of 1887, which established a fixed date for national elections.

Before this act, states held elections on varying dates, creating confusion and logistical challenges that undermined the reliability and fairness of the electoral process.

The lack of a uniform Election Day posed significant risks. It created opportunities for electoral manipulation, disenfranchisement, and inconsistencies in voter turnout.

Recognizing the need for reform, the Electoral Count Act introduced a standardized national election date: "the Tuesday next after the first Monday in November."

This fixed date provided clarity and consistency, fostering a more organized and transparent electoral system.

The significance of the Electoral Count Act extended beyond its practical implications. It symbolized a commitment to strengthening the constitutional framework of the United States, ensuring that elections were not only fair but also reflective of the nation’s democratic ideals.

By unifying the timing of elections, the Act enhanced the integrity of the electoral process, safeguarding the principle of equal representation.

A Legacy of Progress

The journey toward universal suffrage and fair elections in the United States has been long and complex, marked by both triumphs and setbacks.

From the limited voting rights of the late 18th century to the hard-fought victories of the Civil Rights Movement, the story of American suffrage reflects the nation’s ongoing struggle to live up to its founding ideals.

Today, the fixed Election Day stands as a cornerstone for America, ensuring that voters across the country have equal access to the ballot box.

It serves as a reminder of the adaptability of the U.S. political system, which has continuously evolved to meet the needs of its citizens while preserving the principles enshrined in the Constitution.

As the nation continues to confront new challenges to voting rights and electoral integrity, the lessons of the past remain a guiding light, inspiring future generations to protect and expand these principles that define the United States.

In the future I believe that we will see a voter ID system to prevent voter fraud in the future as voting integrity has been challenged since the early 2000's

References for Further Exploration:

  1. Foner, Eric. (1988). "Reconstruction: America's Unfinished Revolution, 1863-1877." Harper & Row.

  2. Anderson, Terry H., and Hill, P. J. (1979). "The Not So Solid South: A Reinterpretation of the 1928 Presidential Election." The Journal of American History, 65(1), 87-111.

  3. Keyssar, Alexander. (2009). "The Right to Vote: The Contested History of Democracy in the United States." Basic Books.

  4. Tushnet, Mark V. (2008). "The Constitution of the United States of America: A Contextual Analysis." Hart Publishing.

  5. Graham, Howard Jay, and Emmons, David M. (2016). "One Man, No Vote: How Voter Suppression Is Destroying Our Democracy." Beacon Press.

  6. Congress. (1887). "An Act to fix the day for the meeting of the electors of President and Vice President, and to provide for and regulate the counting of the votes for President and Vice President, and the decision of questions arising thereon." Retrieved from the United States Government Publishing Office.