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THE 19TH AMENDMENT – �WOMEN’S RIGHT TO VOTE

The 19th Amendment - Women’s Right to Vote

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BIG QUESTIONS

The 19th Amendment - Women’s Right to Vote

  • What did the 19th Amendment say, and who were some of the key figures who made it a reality?
  • What was the Seneca Falls Convention? What was the Declaration of Sentiments? And what did this key moment suggest about the roots of the women’s rights movement in the mid-1800s?
  • What were the constitutional arguments advanced by those supporting the women’s vote and those advanced by those opposing it?
  • How was the 19th Amendment story an example of federalism in action?
  • What did the 19th Amendment settle when it was ratified, and what work remained in the decades ahead?

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The 19th Amendment - Women’s Right to Vote

“‘Our Nation has had a long and unfortunate history of sex discrimination.’ . . . Women did not count among the voters composing ‘We the People’; not until 1920 did women gain a constitutional right to the franchise.”

-United States v. Virginia (1996)

Ruth Bader Ginsburg

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“To get the word male . . . out of the constitution cost the women of the country fifty-two years of pauseless campaigning. . . . During that time they were forced to conduct:”

Carrie Chapman Catt

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The 19th Amendment - Women’s Right to Vote

“56 campaigns of referenda to male voters;

480 campaigns to urge Legislatures to submit suffrage amendments to voters;

47 campaigns to induce State constitutional conventions to write woman suffrage into State constitutions;

277 campaigns to persuade State party conventions to adopt woman suffrage planks in party platforms; and

19 campaigns with 19 successive Congresses.”

Carrie Chapman Catt

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BIG IDEA

The 19th Amendment - Women’s Right to Vote

With the Nineteenth Amendment, women won the right to vote. This Amendment grew out of decades of advocacy by the suffragists and their allies. Women’s suffrage began out West in the late 1800s and eventually spread to the rest of the nation—culminating in the ratification of the Nineteenth Amendment in 1920. Even so, it would take many more years—and the hard work of the Civil Rights Movement—to extend voting rights on the ground to all women, including women of color.

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The 19th Amendment - Women’s Right to Vote

WHERE ARE VOTING RIGHTS IN THE CONSTITUTION?

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The 19th Amendment - Women’s Right to Vote

15TH AMENDMENT

26TH AMENDMENT

19TH AMENDMENT

1870

Banned discrimination in voting on account of race.

1920

Banned discrimination in voting on account of sex.

1971

Banned discrimination in voting on account of age.

VOTING RIGHTS IN THE CONSTITUTION

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19TH AMENDMENT

1920

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 19th Amendment - Women’s Right to Vote

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19TH AMENDMENT

�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 19th Amendment - Women’s Right to Vote

15TH AMENDMENT

Section 1

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 race, color, or previous condition of servitude.

Section 2

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

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RATIFYING THE AMENDMENT

The 19th Amendment - Women’s Right to Vote

  • Suffragists settled on this language in 1878.
  • The “Susan B. Anthony Amendment” was introduced in each Congress (unchanged) for the next four decades.
  • Congress finally approved it on June 4, 1919.
  • And it was ratified by three-fourths of the states in August 1920.

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EARLY AMERICA

The 19th Amendment - Women’s Right to Vote

Early Americans thought that men served as the heads of their households, representing the views of their wives, daughters, etc., in public life.

(Image: Photograph of woodcut by North Wind Picture Archives)

The Constitution left issues of elections and voting primarily to the states. Most states establish property requirements for voters. So, during this period, voting is generally restricted to white male property owners.

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WOMEN’S SUFFRAGE IN EARLY AMERICA

The 19th Amendment - Women’s Right to Vote

A woman's name appears on a 1801 Montgomery Township, New Jersey, poll list from the N.J. State Archives. �(Image: Museum of the American Revolution)

There was a notable exception—New Jersey. There, unmarried female landowners voted in state and local elections from 1776-1807. However, in 1807, New Jersey closed off this brief period of women’s suffrage—limiting the vote to “free, white male citizens.”

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The 19th Amendment - Women’s Right to Vote

Brought a move towards

Universal White Male Suffrage

Andrew Jackson

THE AGE OF JACKSONIAN DEMOCRACY

(1820S AND 1830S)

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The 19th Amendment - Women’s Right to Vote

Coverture: The legal doctrine meaning that husbands assumed the legal rights and obligations of their wives when they became married.

Virtual Representation: The view that women’s suffrage was unnecessary because husbands, as heads of their households, already represented their wives and families.

Married women could not:

  • Hold property on their own
  • Enter into contracts
  • Sue or be sued
  • Vote

RIGHTS FOR MARRIED WOMEN

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MARRIED WOMEN’S PROPERTY ACT OF 1848

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Lucretia Mott

Elizabeth Cady Stanton

SENECA FALLS CONVENTION, 1848

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Signatures on the Declaration of Sentiments included 68 women and 32 men

THE DECLARATION OF SENTIMENTS

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THE DECLARATION OF SENTIMENTS

“We hold these truths to be self-evident; that all men and women are created equal.”

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THE DECLARATION OF SENTIMENTS

The Declaration closed with 12 demands, including equal education, equal pay, property rights, and the “sacred right to the elective franchise.”

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NATIONAL WOMEN’S RIGHTS CONVENTION

After Seneca Falls, the first national women’s convention met in Massachusetts and drew 1,000 attendees. Furthermore, in the 1850s, more and more African American women joined the fight by attending—and speaking at—various conventions.

William Lloyd Garrison

Sojourner Truth

Frederick Douglass

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THE RECONSTRUCTION ERA

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THE RECONSTRUCTION ERA

Following the Civil War (in a period known as Reconstruction), the Republican Party—the Party of Lincoln and of Union—pushed a series of constitutional amendments. During this period, Congress debated the reach of equality and the definition of citizenship. The goal was to set new constitutional baselines for post-Civil War America.

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The 19th Amendment - Women’s Right to Vote

THE RECONSTRUCTION ERA

13TH AMENDMENT

15TH AMENDMENT

14TH AMENDMENT

1865�Abolished slavery

1868

Wrote promises of freedom and equality into the Constitution

1870

Banned racial discrimination in voting

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The 19th Amendment - Women’s Right to Vote

ABOLITIONIST MOVEMENT

Image of anti-slavery petition sent to Congress during the 1830s

And many suffragists—including Elizabeth Cady Stanton and Susan B. Anthony—played a central role in the anti-slavery movement. While publicly speaking out against slavery, women also petitioned Congress.

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The 19th Amendment - Women’s Right to Vote

PUSH FOR UNIVERSAL VOTING RIGHTS

Building on their experience battling slavery, the suffragists advanced a powerful vision of universal voting rights—linking this cause to the plight of African Americans. The post-war emphasis on universal equality made women’s suffrage seem politically possible.

They adopted constitutional arguments at the core of the anti-slavery cause—drawing on the Constitution’s “guarantee” of a “Republican Form of Government” and its protection of the “Privileges and Immunities of Citizens.” For these reformers, the push for voting rights wasn’t about race or sex. It was about post-Civil War America’s commitment to universal rights.

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The 19th Amendment - Women’s Right to Vote

PETITION FOR UNIVERSAL SUFFRAGE (1866)

“As you are now amending the Constitution, and, in harmony with advancing civilization, placing new safeguards around the individual rights of four million of emancipated ex-slaves, we ask that you extend the right of Suffrage to Woman.”

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Frances Ellen Watkins Harper

“We are all bound up together in one great bundle of humanity, and society cannot trample on the weakest and feeblest of its members without receiving a curse in its own soul.”

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14TH AMENDMENT,�SECTION 2

“…But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.”

The 19th Amendment - Women’s Right to Vote

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NATIONAL WOMAN SUFFRAGE ASSOCIATION

Opposed the 15th Amendment. �They chose to fight exclusively for women’s suffrage first.

The 19th Amendment - Women’s Right to Vote

Susan B. Anthony

Elizabeth Cady Stanton

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AMERICAN WOMAN SUFFRAGE ASSOCIATION

Supported the 15th Amendment. �They sided with the Republican Party, prioritized African American rights, rallied around the 15 Amendment, and remained committed to a vision of universal rights.

The 19th Amendment - Women’s Right to Vote

Lucy Stone

Henry Browne Blackwell

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Some suffragists focused on Congress. The 14th Amendment gave Congress the power to pass new laws to enforce the “privileges or immunities” of U.S. citizenship.

(Illustration - Library of Congress)

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Victoria Woodhull

“I do now claim that I am, equally with men, possessed of the right to vote.”

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NEW DEPARTURE

The 19th Amendment - Women’s Right to Vote

(Vineland Historical and Antiquarian Society, Vineland, NJ)

Other suffragists used the Reconstruction Amendments to vote. In 1868, women in Vineland, New Jersey, set up their own voting tables on Election Day, even though their votes wouldn’t count.

Suffragist leaders soon developed a plan that relied on the Constitution’s text to get women to the polls.

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NEW DEPARTURE

The 19th Amendment - Women’s Right to Vote

Susan B. Anthony with her �sister Mary Stafford Anthony

1872, Susan B. Anthony, her three sisters, and eleven other women tried to vote in a New York election. Thanks to the help of local Republican Party officials, Anthony registered to vote. To Anthony’s surprise, she was even permitted to cast her vote, but her victory was short-lived. Two weeks later, she was arrested.

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MINOR V. HAPPERSETT (1875)

The 19th Amendment - Women’s Right to Vote

Virginia Minor

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MINOR V. HAPPERSETT (1875)

The 19th Amendment - Women’s Right to Vote

Virginia Minor

Virginia Minor challenged a St. Louis registrar’s decision to block her from registering to vote. Minor argued that women were U.S. citizens and that voting was a “privilege” of national citizenship protected by the 14th Amendment.

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MINOR V. HAPPERSETT (1875)

The 19th Amendment - Women’s Right to Vote

Chief Justice Morrison Waite

In a unanimous decision written by Chief Justice Morrison Waite, the Supreme Court rejected Minor’s claim—and with it, one of the New Departure’s core arguments.

The Court agreed that women were U.S. citizens, but concluded that voting was not a right of national citizenship protected by the 14th Amendment.

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MINOR V. HAPPERSETT (1875)

The 19th Amendment - Women’s Right to Vote

Chief Justice Morrison Waite

“[I]f the courts can consider any question settled, this is one. For nearly ninety years the people have acted upon the idea that the Constitution, when it conferred citizenship, did not necessarily confer the right of suffrage. . . . Our province is to decide what the law is, not to declare what it should be.”

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THE FINAL PUSH

The 19th Amendment - Women’s Right to Vote

Following the New Departure, women turned their attention to two strategies:

    • Securing suffrage in the states
    • Pushing for a constitutional amendment

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ROLE OF AFRICAN AMERICAN WOMEN

The 19th Amendment - Women’s Right to Vote

Five officers of the Women’s League in Newport, Rhode Island, c. 1899

By the 1900s, suffrage organizations continued to divide over the issue of race. Parts of the movement grew increasingly exclusionary. At the same time, African American women organized into clubs and continued to push for the vote to secure social and economic change within their own communities. Other women of color, including Native Americans, lobbied for their citizenship to be recognized.

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NATIVE AMERICAN’S FIGHT FOR CITIZENSHIP

The 19th Amendment - Women’s Right to Vote

The Indian Citizenship Act, which granted citizenship to all Native Americans born in the U.S. was passed in 1924

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THE NATIONAL ASSOCIATION OPPOSED TO WOMAN SUFFRAGE

FORMED IN 1911

The 19th Amendment - Women’s Right to Vote

During this same period, anti-suffragists began to organize. In 1911, the National Association Opposed to Woman Suffrage formed. The anti-suffragists voiced a range of arguments against the women’s vote.

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THE NATIONAL ASSOCIATION OPPOSED TO WOMAN SUFFRAGE

FORMED IN 1911

The 19th Amendment - Women’s Right to Vote

  • Virtual Representation
  • States’ Rights
  • Destruction of the Traditional Family/Gender Roles
  • Opposition to African American Voting
  • Educated Suffrage
  • Lack of Interest

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SUFFRAGE AT THE STATE LEVEL

The 19th Amendment - Women’s Right to Vote

By 1919, fifteen states permitted full women’s suffrage.

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WOMAN SUFFRAGE PROCESSION �WASHINGTON, DC, 1913

The 19th Amendment - Women’s Right to Vote

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The 19th Amendment - Women’s Right to Vote

Ida B. Wells-Barnett

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WORLD WAR I

In the final few years of the fight for the 19th Amendment, momentum continued to grow—driven by a mix of state-level victories, persistent lobbying, and militant protest tactics. These strategies, combined with the nation’s entry into World War I in 1917, turned the tide in favor of a national amendment for women’s suffrage.

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Militant suffragists continued their work—publicly criticizing the President for embracing democracy abroad while leaving half of the population without the vote at home. For instance, Alice Paul and her allies in the National Woman’s Party began protesting in front of the White House in 1917—placing pressure on Wilson to take action on a national amendment.

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The 19th Amendment - Women’s Right to Vote

Alice Paul

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The 19th Amendment - Women’s Right to Vote

Suffragists on picket line in front of the White House, circa 1917.

One banner reads: "Mr. President How Long Must Women Wait For Liberty". (Library of Congress)

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The 19th Amendment - Women’s Right to Vote

President Wilson eventually relented, giving his support to the 19th Amendment in January 1918 and declaring it a vital war measure.

President Woodrow Wilson

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June 4, 1919: Congress passes the amendment.

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August 18, 1920: Ratification

After 70 years—and a 15-month ratification battle—women finally secured the women’s suffrage amendment.

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FOUR PATHWAYS OF CONSTITUTIONAL CHANGE

The 19th Amendment - Women’s Right to Vote

  • Amend the Constitution: Advocate for amendments through the formal process outlined in Article V. (Think the 19th Amendment itself)
  • Lobby and Petition Congress: Pursue new laws to enforce the Constitution’s existing promises. (Think Victoria Woodhull’s push)
  • Use the Courts: Use the Constitution’s existing text to advance constitutional arguments inside the courts. (Think the New Departure)
  • Pursue State Reform: Test new ideas out at the state level that could potentially lead to nationwide reform. (Think the state-by-state push for women’s suffrage—changing state laws and state constitutions—beginning out West)

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POST-RATIFICATION

In November 1920, many women across the country voted under the 19th Amendment. With support from female voters, the Republican candidate Warren G. Harding won in a landslide. He captured 60% of the popular vote.

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CONTINUING THE FIGHT FOR SUFFRAGE

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CONTINUING THE FIGHT FOR SUFFRAGE

The 19th Amendment - Women’s Right to Vote

For millions of women, the fight for suffrage was not over. Before and after the ratification of the 19th Amendment, voters of color were disproportionately targeted by voter discrimination practices.

As many suffragist leaders debated whether to unify around another cause, many of these white leaders left behind women of color, who often continued their suffrage activism alone. For instance, millions of African American women fought against their continued disenfranchisement in the South.

For decades, they fought to remove these barriers—leading to the Voting Rights Act of 1965 (“VRA”).

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THE VOTING RIGHTS ACT OF 1965

The 19th Amendment - Women’s Right to Vote

Signing of the Voting Rights Act of 1965

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THE VOTING RIGHTS ACT OF 1965

The 19th Amendment - Women’s Right to Vote

  • This landmark law empowered the national government to protect voting rights for all people of color and attack state voter discrimination efforts.

 

  • Congress was granted this enforcement power in 1870 with the 15th Amendment. (Reinforced by the Nineteenth Amendment’s own enforcement clause.)

 

  • And the Supreme Court upheld the VRA in South Carolina v. Katzenbach.

 

  • The VRA itself was a massive success. Following its passage, women of color began voting in huge numbers for the first time.

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BEYOND RATIFICATION

The 19th Amendment - Women’s Right to Vote

League of Women Voters

Focus on educating voters about elections and issues.

The National Woman’s Party

led by Alice Paul

Pursued the �Equal Rights Amendment

Carrie Chapmen Catt’s National American Woman Suffrage Association

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The National Woman’s Party—led by Alice Paul—pursued the Equal Rights Amendment (ERA). Drafted by Alice Paul, the ERA was first proposed in Congress in 1923.

EQUAL RIGHTS AMENDMENT

Alice Paul

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Original ERA drafted by Alice Paul (1923):

“Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction.”

EQUAL RIGHTS AMENDMENT

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EQUAL RIGHTS AMENDMENT

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EQUAL RIGHTS AMENDMENT

The 19th Amendment - Women’s Right to Vote

The proposed amendment enjoyed widespread support in the 1970s. Both Houses of Congress passed it in 1972—after being introduced in every Congress for 49 years. By 1977, the ERA had been ratified by 35 states.

 

Congress extended the deadline for ratifying the amendment for another five years, but no new states ratified it before 1982. In the last few years, supporters of the ERA revival adopted a “three-state strategy” to get enough states to ratify.

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EQUAL RIGHTS AMENDMENT

The 19th Amendment - Women’s Right to Vote

Since then, Nevada, Illinois, and Virginia have voted in favor of amendment—meaning that 38 states have ratified the ERA (the three-fourths required by the Constitution). However, there are key questions that will need to be answered to determine the validity of the ERA:

 

  • Can Congress impose a deadline on ratifying an amendment proposal?
  • And if the time limit is valid, can a future Congress extend that deadline?
  • Can a state rescind its ratification? (Between 1973 and 1979, five state legislatures voted to rescind their ratifications.)