Everything about Twenty-sixth Amendment To The United States Constitution totally explained
The
Twenty sixth Amendment (
Amendment XXVI) of the
United States Constitution, ratified on
July 1,
1971, standardized the voting age to 18. It was passed in response to the
Vietnam War and to partially overrule the
Supreme Court's decision in
Oregon v. Mitchell.
Text
Background
Suffrage to those 18 and older was endorsed by Presidents
Dwight D. Eisenhower,
Lyndon B. Johnson and
Richard M. Nixon. A law was passed in 1970 which was similar to this Amendment, but the States of
Oregon and
Texas challenged it in court, and the
Supreme Court declared in
Oregon v. Mitchell the parts of the law that required states to register 18-year-olds for state elections to be
unconstitutional. By this time, five states had already granted some
citizens under the age of 21 the right to vote (
Georgia and
Kentucky observed 18 as the minimum voting age,
Alaska 19, and
Hawaii and
New Hampshire 20).
The Congress and the
state legislatures felt increasing pressure to pass the Constitutional amendment because of the
Vietnam War, in which many young men who were ineligible to vote were
conscripted to fight, and died. "Old enough to fight, old enough to vote," was a common slogan used by proponents of lowering the voting age that traced its roots back to
World War II, when President
Franklin Roosevelt lowered the military draft age to eighteen. The idea was that people who were old enough to be drafted into the military should have a say in the selection of the civilian government that determines when and how military force is used. Although multiple Presidents had called upon Congress to pass a constitutional amendment lowering the voting age, no attempt gained even modest success until after the decision in
Oregon v. Mitchell, when forty-seven states were forced to either align their state voting ages with the new federal requirement or pay enormous sums of taxpayer money and risk Election Day confusion in 1972 with age-segregated balloting. The amendment passed through the Congress when it was reintroduced by Senator
Jennings Randolph in
1971, and within months passed three-fourths of the state legislatures, faster than any other amendment. The Twenty sixth Amendment was formally certified by the
Administrator of General Services on
July 7,
1971.
Consequences
A semi-intended consequence of the Twenty sixth Amendment was that after its passage, one state after another then lowered the minimum age for exercising most other adult rights, such as marrying and signing contracts without parental consent, to 18 as well (
Mississippi being the last). By the end of the
1980s all fifty states had done so. However, many states do retain higher age limits for other rights. For example,
Alabama,
Utah,
New Jersey and
Alaska's minimum age for
tobacco use is 19; and
Nevada as well as other states have a limit of 21 years for
gambling. Notably, the Congress has also effected a similar change in states' age limits in the other direction. For example, after many states lowered their drinking ages in the
1970s, the
National Minimum Drinking Age Act of
1984 obliged states to set a limit of 21 years for the purchase of
alcohol under threat of losing 10% of federal highway construction money.
Proposal and ratification
Congress proposed the Twenty sixth Amendment on
March 23,
1971. The following states ratified the amendment:
- Connecticut (March 23, 1971)
- Delaware (March 23, 1971)
- Minnesota (March 23, 1971)
- Tennessee (March 23, 1971)
- Washington (March 23, 1971)
- Hawaii (March 24, 1971)
- Massachusetts (March 24, 1971)
- Montana (March 29, 1971)
- Arkansas (March 30, 1971)
- Idaho (March 30, 1971)
- Iowa (March 30, 1971)
- Nebraska (April 2, 1971)
- New Jersey (April 3, 1971)
- Kansas (April 7, 1971)
- Michigan (April 7, 1971)
- Alaska (April 8, 1971)
- Maryland (April 8, 1971)
- Indiana (April 8, 1971)
- Maine (April 9, 1971)
- Vermont (April 16, 1971)
- Louisiana (April 17, 1971)
- California (April 19, 1971)
- Colorado (April 27, 1971)
- Pennsylvania (April 27, 1971)
- Texas (April 27, 1971)
- South Carolina (April 28, 1971)
- West Virginia (April 28, 1971)
- New Hampshire (May 13, 1971)
- Arizona (May 14, 1971)
- Rhode Island (May 27, 1971)
- New York (June 2, 1971)
- Oregon (June 4, 1971)
- Missouri (June 14, 1971)
- Wisconsin (June 22, 1971)
- Illinois (June 29, 1971)
- Alabama (June 30, 1971)
- Ohio (June 30, 1971)
- North Carolina (July 1, 1971)
- Oklahoma (July 1, 1971)
Ratification was completed on July 1, 1971. The amendment was subsequently ratified by the following states:
- Virginia (July 8, 1971)
- Wyoming (July 8, 1971)
- Georgia (October 4, 1971)
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