Chapter Four Section Three: Extending the Bill of Rights
Seventh Grade
Chapter Four Section Three
Extending the Bill of Rights
Protecting All Americans
The Bill of Rights was created to limit the power of the national government, not the local or state governments. These levels of government were not bound to these terms and they would use their reserved powers to pass laws in violation of civil liberties. Laws restricting the liberties of women, African Americans, and more were prevalent through the 19th century.
In time, the Bill of rights began to cover all Americans equally and to limit government power at all levels. Further amendments and court rulings both played a part in this process.
Three amendments were passed during the era of the American Civil War that extended civil liberties to African Americans. These “civil rights amendments” as they are often called failed to have the necessary “teeth” to do the job that they stated for almost a century. States were reluctant to change their customs if at all. The federal government failed to support these amendments. Still, these three amendments were a start on the path to equality for all people in the United States.
Chapter Four Section Three
Extending the Bill of Rights
Protecting All Americans
The Bill of Rights was created to limit the power of the national government, not the local or state governments. These levels of government were not bound to these terms and they would use their reserved powers to pass laws in violation of civil liberties. Laws restricting the liberties of women, African Americans, and more were prevalent through the 19th century.
In time, the Bill of rights began to cover all Americans equally and to limit government power at all levels. Further amendments and court rulings both played a part in this process.
Three amendments were passed during the era of the American Civil War that extended civil liberties to African Americans. These “civil rights amendments” as they are often called failed to have the necessary “teeth” to do the job that they stated for almost a century. States were reluctant to change their customs if at all. The federal government failed to support these amendments. Still, these three amendments were a start on the path to equality for all people in the United States.
The Thirteenth Amendment (1865)
With the Civil War raging, members of Congress felt the need to extend freedom to the African American segment of our nation. The Thirteenth Amendment officially outlawed slavery in the United States and provided freedom to thousands of African Americans. The Confederate States of America would not acknowledge this amendment until they returned to the Union after the war. The amendment also banned any sort of forced labor, as had been the practice with debtors courts and indentured servanthood. Now the only situation to cause any bondage was in the punishment for a crime.
With the Civil War raging, members of Congress felt the need to extend freedom to the African American segment of our nation. The Thirteenth Amendment officially outlawed slavery in the United States and provided freedom to thousands of African Americans. The Confederate States of America would not acknowledge this amendment until they returned to the Union after the war. The amendment also banned any sort of forced labor, as had been the practice with debtors courts and indentured servanthood. Now the only situation to cause any bondage was in the punishment for a crime.
The Fourteenth Amendment (1868)
Full freedom for African Americans did not come easy with the passing of the Thirteenth Amendment. It lacked the strength necessary to fully provide for the civil rights of this group of people. Most of the white South created “black codes,” keeping African Americans from getting decent jobs or holding certain amounts of property. There were many other ways that these black codes restricted African Americans from having the same freedoms whites did.
The Fourteenth Amendment came about to try and fix that situation. Becoming law in 1868, the Fourteenth Amendment declared that a United States citizen was a person born or naturalized in the United States. It also made each state grant to its citizens “equal protection of the laws.” This protection has been used to benefit women, people with disabilities and more in our contemporary era.
The Fourteenth Amendment also forbade state governments from interfering with the privileges or immunities of citizens of the United States. State governments cannot take a person’s “life, liberty, or property, without due process of law.” The idea is that these provisions make the Bill of Rights binding for state governments as well as the federal government. This has been called the “nationalization” of the Bill of Rights.
The Supreme Court ignored this interpretation for several years. The court ruling in Gitlow v. New York (1925) would state that the Fourteenth Amendment could safeguard free speech and a free press “from impairment by the states.”
The Fourteenth Amendment has been used by the Supreme Court many times since that court case in applying other rights in the Bill of Rights to the states. The Due Process clause in the Fourteenth Amendment meant that U.S. citizens have the same basic rights no matter where they lived. There would be further court cases stretching the reach of the Bill of Rights. The late 1960s found most protections in the Bill of Rights apply at the state level.
Full freedom for African Americans did not come easy with the passing of the Thirteenth Amendment. It lacked the strength necessary to fully provide for the civil rights of this group of people. Most of the white South created “black codes,” keeping African Americans from getting decent jobs or holding certain amounts of property. There were many other ways that these black codes restricted African Americans from having the same freedoms whites did.
The Fourteenth Amendment came about to try and fix that situation. Becoming law in 1868, the Fourteenth Amendment declared that a United States citizen was a person born or naturalized in the United States. It also made each state grant to its citizens “equal protection of the laws.” This protection has been used to benefit women, people with disabilities and more in our contemporary era.
The Fourteenth Amendment also forbade state governments from interfering with the privileges or immunities of citizens of the United States. State governments cannot take a person’s “life, liberty, or property, without due process of law.” The idea is that these provisions make the Bill of Rights binding for state governments as well as the federal government. This has been called the “nationalization” of the Bill of Rights.
The Supreme Court ignored this interpretation for several years. The court ruling in Gitlow v. New York (1925) would state that the Fourteenth Amendment could safeguard free speech and a free press “from impairment by the states.”
The Fourteenth Amendment has been used by the Supreme Court many times since that court case in applying other rights in the Bill of Rights to the states. The Due Process clause in the Fourteenth Amendment meant that U.S. citizens have the same basic rights no matter where they lived. There would be further court cases stretching the reach of the Bill of Rights. The late 1960s found most protections in the Bill of Rights apply at the state level.
The Fifteenth Amendment (1870)
Here we find the last of the Civil War amendments. The Fifteenth Amendment says that no state may take away a person’s voting rights on the basis of race, color, or previous enslavement. The amendment focused the guarantee of suffrage, or the right to vote, to African Americans. Many states continued to develop ways to prevent African Americans from being able to vote. Poll taxes, tests, and other concepts continued to keep African Americans from entering the polls.
The Fifteenth Amendment protected only men in reality. The states had the power to decide if women could vote. Women, no matter their race, could not vote in most federal or state elections.
Here we find the last of the Civil War amendments. The Fifteenth Amendment says that no state may take away a person’s voting rights on the basis of race, color, or previous enslavement. The amendment focused the guarantee of suffrage, or the right to vote, to African Americans. Many states continued to develop ways to prevent African Americans from being able to vote. Poll taxes, tests, and other concepts continued to keep African Americans from entering the polls.
The Fifteenth Amendment protected only men in reality. The states had the power to decide if women could vote. Women, no matter their race, could not vote in most federal or state elections.
The Seventeenth Amendment (1913)
Article I of the Constitution declares that the people elect members of the House of Representatives, but the state legislatures chose the Senate members. In 1913, the Seventeenth Amendment allowed voters the ability to elect their senators directly. This gave Americans a greater voice in their government.
Article I of the Constitution declares that the people elect members of the House of Representatives, but the state legislatures chose the Senate members. In 1913, the Seventeenth Amendment allowed voters the ability to elect their senators directly. This gave Americans a greater voice in their government.
The Nineteenth Amendment (1920)
The Constitution did not guarantee the right to vote for women, but it didn’t expressly refuse them suffrage. Some states gave women the right to vote early, using the powers found in the Tenth Amendment. Wyoming granted voting privileges to women as early as 1869 and several others followed suit.
It took some years for the national support of woman suffrage. Susan B. Anthony and Elizabeth Cady Stanton started campaigning for this way back in 1848. The passage of the amendment providing this right would not happen until 1920.
The Constitution did not guarantee the right to vote for women, but it didn’t expressly refuse them suffrage. Some states gave women the right to vote early, using the powers found in the Tenth Amendment. Wyoming granted voting privileges to women as early as 1869 and several others followed suit.
It took some years for the national support of woman suffrage. Susan B. Anthony and Elizabeth Cady Stanton started campaigning for this way back in 1848. The passage of the amendment providing this right would not happen until 1920.
The Twenty-Third Amendment (1961)
Could you imagine being a native-born United States citizen but unable to vote because of where you lived? That was the situation with those living in the District of Columbia until the Twenty-Third Amendment was put into law in 1961. It is not a state, so the Constitution has no foundation to allow residents to have voting privileges in this place. The amendment says that residents of the District of Columbia may vote for the president and vice president, just as all other citizens do.
Could you imagine being a native-born United States citizen but unable to vote because of where you lived? That was the situation with those living in the District of Columbia until the Twenty-Third Amendment was put into law in 1961. It is not a state, so the Constitution has no foundation to allow residents to have voting privileges in this place. The amendment says that residents of the District of Columbia may vote for the president and vice president, just as all other citizens do.
The Twenty-Fourth Amendment (1964)
Local restrictions continued to be impacting the prevention of voting of African Americans for a century after the passage of the Fifteenth Amendment. Poll taxes were a common practice to keep them from voting. They had to pay a sum of money before they could cast a vote. This related to the fact that many didn’t have the free money able to pay for the poll tax.
The Twenty-fourth Amendment was passed in 1964 and made poll taxes illegal in national elections. They would be made illegal in all state elections two years later.
Local restrictions continued to be impacting the prevention of voting of African Americans for a century after the passage of the Fifteenth Amendment. Poll taxes were a common practice to keep them from voting. They had to pay a sum of money before they could cast a vote. This related to the fact that many didn’t have the free money able to pay for the poll tax.
The Twenty-fourth Amendment was passed in 1964 and made poll taxes illegal in national elections. They would be made illegal in all state elections two years later.
The Twenty-Sixth Amendment (1971)
People in their teens have had to fight to gain rights and privileges granted to adults in the United States. Law made them too young to vote for the leaders of federal elections. Law did claim that they were old enough to be drafted and serve in the military. They could serve in the military at the age of 18 but not vote until they were 21.
That standard would change with the passing of the Twenty-sixth Amendment. This amendment guaranteed the right to vote for citizens 18 and older for all national and state elections. In result, millions of Americans could now exercise the right to vote.
People in their teens have had to fight to gain rights and privileges granted to adults in the United States. Law made them too young to vote for the leaders of federal elections. Law did claim that they were old enough to be drafted and serve in the military. They could serve in the military at the age of 18 but not vote until they were 21.
That standard would change with the passing of the Twenty-sixth Amendment. This amendment guaranteed the right to vote for citizens 18 and older for all national and state elections. In result, millions of Americans could now exercise the right to vote.