Who could vote. Who stood equal before the law.

Fairness has no single number, so Constilumen doesn’t invent one. Instead it traces two things the record can show precisely: which barriers to voting the Constitution removed, and how the promise of equal protection was read, narrowed and widened over time.

The franchise, in six amendments. Each one a barrier removed.

The original Constitution left voting qualifications largely to the states. These amendments took specific grounds for denying the vote off the table nationwide.

An amendment states a guarantee. Whether it was honored in practice is a separate question, and the decisions and laws below show how long some took to enforce.

  1. 1870Amendment 15Race, color or previous condition of servitude
  2. 1913Amendment 17Senators chosen by voters, not state legislatures
  3. 1920Amendment 19Sex
  4. 1961Amendment 23Residence in the District of Columbia, for President
  5. 1964Amendment 24Failure to pay a poll tax, in federal elections
  6. 1971Amendment 26Age, for citizens eighteen and older

Voting and elections. 17 entries.

Amendments, decisions and laws about who votes, how districts are drawn and how elections are decided.

1924

Indian Citizenship Act

Rights and powers · June 2, 1924 · Expansion of rights

Grants citizenship to all Native Americans born in the United States. Some states continue to bar Native Americans from voting until 1957.

Source: Library of Congress

1962

Baker v. Carr

Landmark cases · 369 U.S. 186 (1962) · 6–2

Yes. Apportionment claims under the Equal Protection Clause can be decided by the courts.

Source: Opinion of the Court

1964

Reynolds v. Sims

Landmark cases · 377 U.S. 533 (1964) · 8–1

Yes. Equal protection requires districts of substantially equal population: one person, one vote.

Source: Opinion of the Court

1965

Voting Rights Act of 1965

Rights and powers · August 6, 1965 · Expansion of rights

Bans literacy tests and other devices used to deny the vote on account of race, and requires covered jurisdictions to obtain federal approval before changing voting rules.

Source: National Archives

1970

Oregon v. Mitchell

Landmark cases · 400 U.S. 112 (1970) · 5–4

No, though it could for federal elections. The split result led directly to the Twenty-sixth Amendment.

Source: Opinion of the Court

2000

Bush v. Gore

Landmark cases · 531 U.S. 98 (2000) · 5–4

No. The recount’s varying standards violated equal protection, and there was no time to conduct one that complied.

Source: Opinion of the Court

2022

Electoral Count Reform Act

Rights and powers · December 29, 2022 · Oversight and accountability

Amends the Electoral Count Act of 1887 to state that the Vice President’s role in the count is ministerial and to raise the threshold for objections to a state’s electors.

Source: Congress.gov

2024

Trump v. Anderson

Landmark cases · 601 U.S. 100 (2024) · 9–0

No. States may not enforce Section 3 against federal officeholders and candidates; that responsibility rests with Congress.

Source: Opinion of the Court

Equal protection. 18 entries.

From the Reconstruction amendments through the decisions and civil rights laws that defined what equality under law requires, including measures that restricted it.

1866

Civil Rights Act of 1866

Rights and powers · April 9, 1866 · Expansion of rights

Passed over President Andrew Johnson’s veto. Declares people born in the United States to be citizens and guarantees equal rights to make contracts, sue, and hold property.

Source: U.S. House of Representatives

1873

Slaughter-House Cases

Landmark cases · 83 U.S. 36 (1873) · 5–4

No. The Privileges or Immunities Clause protects only rights of national citizenship, a narrow set, leaving most civil rights to the states.

Source: Opinion of the Court

1882

Chinese Exclusion Act

Rights and powers · May 6, 1882 · Restriction of rights

Suspends immigration of Chinese laborers and bars Chinese immigrants from naturalization. Extended in 1892 and made permanent in 1902; repealed in 1943.

Source: National Archives

1883

Civil Rights Cases

Landmark cases · 109 U.S. 3 (1883) · 8–1

No. The Fourteenth Amendment reaches state action, not private conduct, and the Civil Rights Act of 1875’s public accommodations provisions were unconstitutional.

Source: Opinion of the Court

1886

Yick Wo v. Hopkins

Landmark cases · 118 U.S. 356 (1886) · 9–0

Yes. A law fair on its face but administered with an unequal hand denies equal protection, and the guarantee covers non-citizens.

Source: Opinion of the Court

1896

Plessy v. Ferguson

Landmark cases · 163 U.S. 537 (1896) · 7–1

No. Separate accommodations that were equal did not violate equal protection. Justice Harlan dissented: “Our Constitution is color-blind.”

Source: Opinion of the Court

1948

Executive Order 9981

Rights and powers · July 26, 1948 · Expansion of rights

President Truman orders “equality of treatment and opportunity” in the armed services without regard to race, beginning the desegregation of the military.

Source: National Archives

1964

Civil Rights Act of 1964

Rights and powers · July 2, 1964 · Expansion of rights

Prohibits discrimination on the basis of race, color, religion, sex or national origin in public accommodations, employment and federally funded programs.

Source: National Archives

1988

Civil Liberties Act of 1988

Rights and powers · August 10, 1988 · Oversight and accountability

Congress formally apologizes for the incarceration of Japanese Americans during World War II and provides $20,000 in redress to each surviving person who was detained.

Source: National Archives

Read the hard cases. Both sides of each vote.

Every decision page links to the full opinion, including the dissents.

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