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Law School

Law School

Education:Courses

Constitutional Law: Fifteenth, Nineteenth, and Twenty-Sixth Amendments

Constitutional Law: Fifteenth, Nineteenth, and Twenty-Sixth Amendments

2023-11-01
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Amendments Beyond the Bill of Rights.

1. The Fifteenth Amendment.

The Fifteenth Amendment, ratified in 1870, is a pivotal component of the post-Civil War amendments. It prohibits the denial of voting rights based on an individual's race, color, or previous condition of servitude.

Significance: The Fifteenth Amendment sought to enfranchise African American men who had been denied the right to vote in many parts of the United States due to racial discrimination and the legacy of slavery. It was a significant step toward achieving civil rights and political participation.

Example: The Voting Rights Act of 1965, which aimed to eliminate racial discrimination in voting, draws its authority from the Fifteenth Amendment. It outlawed discriminatory voting practices like literacy tests and poll taxes.

2. The Nineteenth Amendment.

The Nineteenth Amendment, ratified in 1920, granted women the right to vote. It marked a substantial expansion of suffrage and women's rights.

Significance: The Nineteenth Amendment recognized the importance of gender equality in a democracy and extended the right to vote to over half of the U.S. population, promoting a more inclusive and representative democracy.

Example: The women's suffrage movement, characterized by activists like Susan B. Anthony and Elizabeth Cady Stanton, played a significant role in advocating for the Nineteenth Amendment.

3. The Twenty-Sixth Amendment.

The Twenty-Sixth Amendment, ratified in 1971, lowered the voting age from 21 to 18. It was a response to concerns about young people being drafted into the military to fight in the Vietnam War while not having the right to vote.

Significance: This amendment recognized that individuals aged 18 to 20 who could be drafted into the military should also have the right to vote. It underscored the importance of equal representation and participation in the democratic process.

Example: In the case of Oregon v. Mitchell (1970), the Supreme Court upheld the constitutionality of Congress's authority to lower the voting age, setting an important precedent.

Interpretation of Constitutional Provisions.

The interpretation of constitutional provisions is a dynamic process that shapes how the Constitution is applied to contemporary issues. The Supreme Court plays a central role in this process by rendering decisions that clarify the meaning of the Constitution.

Landmark Supreme Court Cases.

Landmark Supreme Court cases have significantly influenced the interpretation of the Constitution. Here are a few examples:

Marbury v. Madison (1803): This case established the principle of judicial review, giving the Supreme Court the power to declare laws or actions of the government unconstitutional.

Brown v. Board of Education (1954): This case declared state laws establishing separate public schools for black and white students unconstitutional, overturning the "separate but equal" doctrine.

Roe v. Wade (1973): In this case, the Supreme Court recognized a woman's constitutional right to choose to have an abortion, based on the right to privacy.

Citizens United v. FEC (2010): This case held that political spending by corporations is a form of protected speech under the First Amendment.

Precedent in Shaping Constitutional Law.

The doctrine of precedent, often referred to as "stare decisis," plays a critical role in shaping constitutional law. It means that courts should follow previous decisions, particularly those made by higher courts, when deciding similar cases.

Significance: Precedent ensures consistency and predictability in the legal system. When a case is decided based on precedent, it helps maintain the rule of law and ensures that similar cases are treated similarly.

Example: The principle of "separate but equal" in Plessy v. Ferguson (1896) was overturned by Brown v. Board of Education (1954), setting a new precedent that segregation in public schools was unconstitutional.

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