Background Twenty-sixth Amendment to the United States Constitution

1 background

1.1 prior legislation
1.2 oregon v. mitchell
1.3 opposition

background
prior legislation

senator harley kilgore began advocating lowered voting age in 1941 in 77th congress. despite support of fellow senators, representatives, , first lady eleanor roosevelt, congress failed pass national change. however, public interest in lowering vote became topic of interest @ local level. in 1943 , 1955 respectively, georgia , kentucky legislatures passed measures lower voting age 18.

president dwight d. eisenhower, in 1954 state of union address, became first president publicly state support prohibiting age-based denials of suffrage 18 , older. during 1960s, both congress , state legislatures came under increasing pressure lower minimum voting age 21 18. in large part due vietnam war, in many young men ineligible vote conscripted fight in war, lacking means influence people sending them off risk lives. old enough fight, old enough vote, common slogan used proponents of lowering voting age. slogan traced roots world war ii, when president franklin d. roosevelt lowered military draft age eighteen.

in 1963, president s commission on registration , voting participation, in report president johnson, further encouraged considering lowering voting age. historian thomas h. neale argues move lower voting age followed historical pattern similar other extensions of franchise; escalation of war in vietnam, constituents mobilized , constitutional amendment passed.

in 1970, senator ted kennedy proposed amending voting rights act of 1965 lower voting age nationally. on june 22, 1970, president richard nixon signed extension of voting rights act of 1965 required voting age 18 in federal, state, , local elections. in statement on signing extension, nixon said:

despite misgivings constitutionality of 1 provision, have signed bill. have directed attorney general cooperate in expediting swift court test of constitutionality of 18-year-old provision.

subsequently, oregon , texas challenged law in court, , case came before supreme court in 1970 oregon v. mitchell. time, 4 states had minimum voting age below 21: georgia, kentucky, alaska , hawaii.

oregon v. mitchell

during debate of 1970 extension of voting rights act, senator ted kennedy argued equal protection clause of fourteenth amendment allowed congress pass national legislation lowering voting age. in 1966 decision of katzenbach v. morgan, supreme court had ruled if congress acts enforce 14th amendment passing law declaring type of state law discriminates against class of persons, supreme court let law stand if justices can perceive basis congress s actions .

president nixon disagreed kennedy. in letter speaker of house , house minority , majority leaders, asserted issue not whether voting age should lowered, how; in own interpretation of katzenbach case, nixon argued include age discriminatory big of stretch , voiced concerns damage of supreme court decision overturn voting rights act disastrous.

in oregon v. mitchell (1970), supreme court considered whether voting-age provisions congress added voting rights act in 1970 constitutional. court struck down provisions established 18 voting age in state , local elections. however, court upheld provision establishing voting age 18 in federal elections. court divided in case, , majority of justices did not agree on rationale holding.

the decision resulted in states being able maintain 21 voting age in state , local elections, being required establish separate voter rolls voters between 18 , 20 years old vote in federal elections.

opposition

although twenty-sixth amendment passed faster other constitutional amendment, 17 states refused pass measures lower minimum voting ages after nixon signed 1970 extension voting rights act. opponents extending vote youths questioned maturity , responsibility of people @ age of 18. professor william g. carleton wondered why vote proposed youth @ time when period of adolescence had grown substantially rather in past when people had more responsibilities @ earlier ages. carleton further criticized move lower vote citing american preoccupations youth in general, exaggerated reliance on higher education, , equating technological savvy responsibility , intelligence. denounced military service argument well, calling cliche . considering ages of soldiers in civil war, asserted literacy , education not grounds limiting voting; rather, common sense , capacity understand political system grounded voting age restrictions.

james j. kilpatrick, political columnist, asserted states extorted ratifying twenty-sixth amendment . in article, claims passing 1970 extension voting rights act, congress forced states ratify amendment lest forced financially , bureaucratically cope maintaining 2 voting registers. george gallup mentions cost of registration in article showing percentages favoring or opposing amendment, , draws particular attention lower rates of support among adults aged 30–49 , on 50 (57% , 52% respectively) opposed aged 18–20 , 21-29 (84% , 73% respectively).