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Amendment XIX to the U.S. Constitution

 
US Supreme Court: Nineteenth Amendment

A women's suffrage amendment was first introduced in Congress in 1868. Ten years later, suffrage supporters proposed the so‐called Anthony Amendment, named for Susan B. Anthony, which was modeled after the Fifteenth Amendment. It provided that “the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” This was to become the language of section 1 of the Nineteenth Amendment, but forty‐two years were to go by before it became part of the Constitution.

Unsure of the prospects of a constitutional amendment, suffragists simultaneously resorted to litigation, with no success. Anthony was prosecuted for attempting to vote when she had no “lawful right” to do so (United States v. Anthony, 1873). Virginia Minor brought a civil suit in an attempt to enforce her right to vote in national elections as a privilege or immunity of national citizenship. The Supreme Court rejected this argument, holding that the Fourteenth Amendment did not confer the right to vote on women any more than it conferred such a right on children, the insane, or criminals (Minor v. Happersett, 1875). This result conformed to the Court's restrictive interpretation of the clause in the Slaughterhouse Cases of 1873.

Impelled by women's activism in the temperance, social work, and other reform crusades, and taking advantage of the changing social environment wrought by World War I, the suffragist movement succeeded in persuading Congress to enact the Nineteenth Amendment in 1919. It was ratified on 18 August 1920.

See also Constitutional Amendments; Gender.

— Nancy S. Erickson

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Law Encyclopedia: Nineteenth Amendment
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This entry contains information applicable to United States law only.

The Nineteenth Amendment to the U.S. Constitution reads:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

The Nineteenth Amendment was enacted in 1920, after a seventy-year struggle led by the women's suffrage movement.

The groundwork for the suffrage movement was laid in 1848 in Seneca Falls, New York, now considered the birthplace of the women's movement. Here Elizabeth Cady Stanton drafted the Declaration of Rights and Sentiments, which demanded voting rights, property rights, educational opportunities, and economic equity for women.

Rather than face the difficult task of obtaining approval of an amendment to the U.S. Constitution from an all-male Congress preoccupied with the question of slavery, the suffragists decided to focus their attention on the separate states and seek state constitutional amendments. The state-by-state effort began in 1867 in Kansas with a referendum to enfranchise women. The referendum was defeated, but that same year the western territories of Wyoming and Utah provided the first victories for the suffragists.

The movement then suffered a series of setbacks beginning in January 1878 when the voting rights amendment was first introduced in Congress. The full Senate did not consider the amendment until 1887 and voted to defeat the bill. The suffragists continued their state-by-state strategy and won a referendum ballot in Colorado in 1893 and Idaho in 1896.

The suffragists mounted a final and decisive drive in the second decade of the 1900s with victories in Washington in 1910 and California in 1911. The following year Arizona, Kansas, and Oregon gave women the right to vote, and in 1913 Illinois also passed measures supporting suffrage as did Montana and Nevada in 1914. Women in eleven states voted in the 1916 presidential election. By this time the United States was also involved in World War I, which brought national attention to the suffrage movement as well as to the important role women played in the war effort. During the war, an unprecedented number of women joined the depleted industrial and public service workforce. Women became an active and visible population of the labor sector that benefited the national economy. By the end of 1918 four more states — Michigan, Oklahoma, New York, and South Dakota — had approved women's suffrage.

With the requisite two-thirds majority, the U.S. House of Representatives introduced the amendment in January 1918. The vote was initially postponed, and the amendment was later defeated in October 1918 and again in February 1919. On June 4, 1919, almost seventeen months after its introduction by the House of Representatives, the amendment was finally passed by the Senate. Having already considered and debated the voting rights issue for several years, the states ratified the amendment quickly. In August 1920 Tennessee became the thirty-sixth and last state necessary to ratify the enactment. With ratification complete, the Nineteenth Amendment was added to the U.S. Constitution on August 18, 1920.

See: Equal Rights Amendment; Women's Rights.

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The Nineteenth Amendment (Amendment XIX) to the United States Constitution prohibits each state and the federal government from denying any citizen the right to vote because of that citizen's sex. It was ratified on August 18, 1920.

Contents

Text

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

History

On January 9, 1918, President Woodrow Wilson announced his support of the amendment. The next day, the House of Representatives narrowly passed the amendment, but the Senate refused to debate it until October. When the Senate voted on the Amendment in October, it failed by three votes.[1]

In response, the National Woman's Party urged citizens to vote against anti-suffrage Senators up for reelection in the 1918 midterm elections. Following those elections, most members of Congress were pro-suffrage. On May 21, 1919, the House of Representatives passed the amendment by a vote of 304 to 89 and the Senate followed suit on June 4, by a vote of 56 to 25.[2]

On August 18, 1920, the Tennessee General Assembly, by a one-vote margin became the thirty-sixth state legislature to ratify the Nineteenth Amendment, making it a part of the U.S. Constitution. On August 26, 1920, Secretary of State Bainbridge Colby certified the amendment's adoption.

In Leser v. Garnett, 258 U.S. 130 (1922), the U.S. Supreme Court ruled that the Nineteenth Amendment had been properly adopted.[3]

Proposal and ratification

Amendment XIX in the National Archives

The Congress proposed the Nineteenth Amendment on June 4, 1919 and the following states ratified the amendment.[4]

  1. Illinois (June 10, 1919, reaffirmed on June 17, 1919)
  2. Michigan (June 10, 1919)
  3. Wisconsin (June 10, 1919)
  4. Kansas (June 16, 1919)
  5. New York (June 16, 1919)
  6. Ohio (June 16, 1919)
  7. Pennsylvania (June 24, 1919)
  8. Massachusetts (June 25, 1919)
  9. Texas (June 28, 1919)
  10. Iowa (July 2, 1919)[5]
  11. Missouri (July 3, 1919)
  12. Arkansas (July 28, 1919)
  13. Montana (August 2, 1919)[5]
  14. Nebraska (August 2, 1919)
  15. Minnesota (September 8, 1919)
  16. New Hampshire (September 10, 1919)[5]
  17. Utah (October 2, 1919)
  18. California (November 1, 1919)
  19. Maine (November 5, 1919)
  20. North Dakota (December 1, 1919)
  21. South Dakota (December 4, 1919)
  22. Colorado (December 15, 1919)[5]
  23. Kentucky (January 6, 1920)
  24. Rhode Island (January 6, 1920)
  25. Oregon (January 13, 1920)
  26. Indiana (January 16, 1920)
  27. Wyoming (January 27, 1920)
  28. Nevada (February 7, 1920)
  29. New Jersey (February 9, 1920)
  30. Idaho (February 11, 1920)
  31. Arizona (February 12, 1920)
  32. New Mexico (February 21, 1920)
  33. Oklahoma (February 28, 1920)
  34. West Virginia (March 10, 1920, confirmed on September 21, 1920)
  35. Washington (March 22, 1920)
  36. Tennessee (August 18, 1920)

Ratification was completed on August 18, 1920. The amendment was subsequently ratified by the following states:

  1. Connecticut (September 14, 1920, reaffirmed on September 21, 1920)
  2. Vermont (February 8, 1921)
  3. Delaware (March 6, 1923, after being rejected on June 2, 1920)
  4. Maryland (March 29, 1941 after being rejected on February 24, 1920; not certified until February 25, 1958)
  5. Virginia (February 21, 1952, after being rejected on February 12, 1920)
  6. Alabama (September 8, 1953, after being rejected on September 22, 1919)
  7. Florida (May 13, 1969)[6]
  8. South Carolina (July 1, 1969, after being rejected on January 28, 1920; not certified until August 22, 1973)
  9. Georgia (February 20, 1970, after being rejected on July 24, 1919)
  10. Louisiana (June 11, 1970, after being rejected on July 1, 1920)
  11. North Carolina (May 6, 1971)
  12. Mississippi (March 22, 1984, after being rejected on March 29, 1920)

References

  1. ^ Hakim, Joy (1995). War, Peace, and All That Jazz. New York, New York: Oxford University Press. pp. 29–33. ISBN 0-19-509514-6. 
  2. ^ "Modern History Sourcebook". http://www.fordham.edu/halsall/mod/1920womensvote.html. Retrieved July 28 2007. 
  3. ^ Curtis, Gene (February 27, 2008). "Way back when: Today in history". Tulsa World. http://www.tulsaworld.com/site/printerfriendlystory.aspx?articleID=20080227_1_A2_57754. Retrieved 2009-07-03. 
  4. ^ Mount, Steve (January 2007). "Ratification of Constitutional Amendments". http://www.usconstitution.net/constamrat.html. Retrieved February 24 2007. 
  5. ^ a b c d date on which approved by governor
  6. ^ For more on Florida's ratification

See also

External links


 
 

 

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