Simple answer: No.
Less simple answer: It's complicated.
- The Missing Right: A Constitutional Right to Vote.
Amendments to the Constitution have required “equal protection,” eliminated the poll tax, and made it unconstitutional to restrict voting based on race, sex, and age for those over 18. For years the Supreme Court relied on these amendments to expand the franchise, and the broadening of voting rights, which was associated with the civil-rights movement, was widely accepted as a marker of progress toward a just society until about 2000. More recently, in an environment of increasingly rigid partisan loyalties, controlling who votes offers more leverage than persuading voters to change their minds, and thus access to the ballot itself has become an arena of intense political conflict. These conflicts constitute what the election scholar Richard Hasen calls “the voting wars.” Most of these wars end up in the courts, where the rules of engagement—defined by our Constitution—do not sufficiently protect voters’ rights to exercise their franchise. In the absence of an explicit right to vote, the Court has found no issue with a variety of regulations that unnecessarily interfere with voting.
- What Does the Constitution Say About the Right to Vote?
If you were to look for a right to vote in the U.S. Constitution or Bill of Rights, you might have trouble finding one. Surprisingly, nowhere in the original text does it say that U.S. citizens have a right to vote. Instead, much of the government’s authority to protect voting rights stems from amendments adopted following the civil war and legislation passed during the civil rights movement. But thanks to a voting-rights skeptical U.S. Supreme Court and the Senate’s failure to pass new voting legislation, this authority has been severely weakened.
- Does the Constitution Guarantee a Right to Vote? The Answer May Surprise Yo
The Constitution makes reference to voting 15 times in the original document and another 22 in the amendments. But somewhat surprisingly, none of those mentions makes an explicit declaration that Americans have a right to vote — something many politicians and their supporters consider fundamental to democracy.
. . . If it seems odd that such a fundamental right was not enshrined in writing, the explanation is simple enough: The authors of the Constitution, many of them deeply suspicious of universal suffrage, could not agree on a single standard for the right to cast a ballot.
. . . Gouverneur Morris, a New Yorker who wrote the preamble to the Constitution, argued that “the ignorant and the dependent can be as little trusted with the public interest” as could children, Dr. Klarman wrote. James Madison warned that voting should be restricted to the wealthy, “the safest repositories of republican liberty,” because the poorer classes would be swayed by populist appeals. Benjamin Franklin, the most prominent dissenter, pointed out that it was the commoners who had fought for and won American independence and that the rich were hardly immune to corrupting influences.
- The Right to Vote Amendment.
Voting is an American principle and a basic democratic right that should be protected, promoted, and practiced, which is why many people are surprised to learn that the U.S. Constitution provides no explicit right to vote. This leaves voting rights vulnerable to the whims of politicians, and some citizens with fewer rights than others.
More than a decade ago, FairVote became the leading institutional voice calling for the establishment of an explicit individual right to vote in the U.S. Constitution. We believe that a grassroots movement to establish such an amendment would go a long way in ending the “voting wars” that plague us today. FairVote continues to serve as a trusted resource in support of activists, organizations, and elected officials working toward a right to vote amendment. Through our Promote Our Vote project, we work to build widespread support for a right to vote amendment, while advocating for pro-suffrage innovations at the local level.
