Twenty-Sixth Amendment


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Twenty-Sixth Amendment

The Twenty-sixth Amendment to the U.S. Constitution reads:

Section 1. 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.

Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

The Twenty-sixth Amendment was proposed on March 23, 1971, and ratified on July 1, 1971. The ratification period of 107 days was the shortest in U.S. history. The amendment, which lowered the voting age from twenty-one to eighteen, was passed quickly to avert potential problems in the 1972 elections.

The drive for lowering the voting age began with young people who had been drawn into the political arena by the Vietnam War. Proponents argued that if eighteen-year-olds were old enough to be drafted into military service and sent into combat, they were also old enough to vote. This line of argument was not new. It had persuaded Georgia and Kentucky to lower the minimum voting age to eighteen during World War II. The one flaw in the argument was that women were not drafted and were not allowed to serve in combat units if they enlisted in the armed forces.

Nevertheless, the drive for lowering the voting age gained momentum. In 1970 Congress passed a measure that lowered the voting age from twenty-one to eighteen in both federal and state elections (84 Stat. 314).

The U.S. Supreme Court, however, declared part of this measure unconstitutional in Oregon v. Mitchell, 400 U.S. 112, 91 S. Ct. 260, 27 L. Ed. 2d 272 (1970). The decision was closely divided. Four justices believed Congress had the constitutional authority to lower the voting age in all elections, four justices believed the opposite, and one justice, hugo l. black, concluded that Congress could lower the voting age by statute only in federal elections, not in state elections.

The Court's decision allowed eighteen-yearolds to vote in the 1972 presidential and congressional elections but left the states to decide if they wished to lower the voting age in their state elections. The potential for chaos was clear. Congress responded by proposing the Twenty-sixth Amendment, which required the states as well as the federal government to lower the voting age to eighteen.

References in periodicals archive ?
Thus, in 1971, the Twenty-Sixth Amendment to the U.
This basic principle was the driving force behind the Twenty-Sixth Amendment, as well as state and federal statutes that lowered the age for jury service and contractual capacity to 18.
The Twenty-Sixth Amendment is conventionally understood as part of
the Twenty-Sixth Amendment has received scant attention.
Mitchell was decided on December 21, 1970; the Twenty-Sixth Amendment received its thirty-eighth ratification on July 1, 1971.
1487, 1523 (2005) ("The Twenty-Sixth Amendment granting the right to all citizens eighteen years of age and older to vote in all elections was proposed to remedy the anticipated confusion, fraud, and costly administration of such a dual system.
The focus of this paper is to examine in loco parentis in light of how the "age of majority" from the twenty-sixth amendment of the U.
This paper presents the position that a student's relationship to his or her postsecondary institution can be considered a result of the twenty-sixth Amendment of the Constitution ratified July 1, 1971 and not based on the traditions of in loco parentis.
In the 1972 presidential election, when the ink was barely dry on the Twenty-Sixth Amendment (lowering the voting age to 18), only 52 percent of those aged 18-24 showed up at the polls (see Figure 1).
27) But the most obvious such amendments are those that extended the franchise: the Fifteenth Amendment, extending the vote to all races; (28) the Nineteenth Amendment, extending the vote to women; (29) the Twenty-Fourth Amendment, extending the vote to those who could not afford to pay a poll tax, (30) and the Twenty-Sixth Amendment, extending the vote to all those at least eighteen years old.
Randolph focused on the Senator's role as author of the Twenty-sixth Amendment, which, according to the Times, was "the amendment giving 18-year-olds the right to vote.
So much for the possibilities of further expanding the polity in ways that parallel the changes wrought by the Fifteenth, Nineteenth, Twenty-Third, Twenty-Fourth, and Twenty-Sixth Amendments.