Following the Supreme Court’s decision on the 2013 Shelby v. Holder case–which withdrew the requirement that jurisdictions with a history of discrimination against minority voters get approval from the feds before changing voting laws–and the subsequent addition of voter identification laws in many states, it appears that even as we make new leaps toward equality we’re going backward when it comes to voting rights. But that’s nothing new. In the Oxford Companion to American Law, Grant M. Hayden explains: “The history of voting in the United States has not been characterized by smooth and inexorable progress toward universal political participation. It has instead been much messier, littered with periods of both expansion and retraction of the franchise with respect to many groups of potential voters.”
When America was still a collection of British colonies, voting was extremely restricted. Only property-owning white men could vote, which left out women, poor white men, slaves and free blacks, Native Americans, and in some cities, Jews and even Catholics. So it boiled down to wealthy white Protestant men electing other wealthy white Protestant men to office. Even though the current Congress is the most diverse in US history, the vast majority of members are still wealthy white Protestant men. All but two of our presidents fit that bill as well, the exceptions of course being Barack Obama, who is half black, and John F. Kennedy, who was Catholic.
After the Civil War, voting rights began to change. The Civil Rights Act of 1866 granted citizenship but not voting rights to all who were born in the United States. It wasn’t until 1869 that Congress got around to giving black men the right to vote. And they voted in droves. Black men ran for and held office, too, supported by the federal government’s passage of the Reconstruction Acts of 1867. This period of Radical Reconstruction lasted a decade. The new arrangement did not go over well with many white Southerners who, after generations of slave-owning, could not fathom and were not willing to be ruled by a black man. The stripping of blacks’ voting rights began.
In 1896, Louisiana passed a law disallowing any former slave or descendant of slaves to vote. Think about that for a second. That described nearly all black people in the country at that time. Not surprisingly, the percentage of registered black voters in Louisiana fell from 44.8% in 1896 to just 4% in 1900. Several other southern states passed similar “grandfather clauses.”
Meanwhile, for much of the nineteenth century, an ever-growing group of women were working to gain the right to vote. A pamphlet from the era, published by the National Association Opposed to Woman Suffrage, lists arguments against it, including: “Because 80% of the women eligible to vote are married and can only double or annul their husband’s votes. Because in some States more voting women than voting men will place the Government under petticoat rule. Because it is unwise to risk the good we already have for the evil which may occur.” Women finally landed the vote in 1920. For more on the women that struggled for suffrage, read our article on the subject.
By 1940, Jim Crow laws were deeply entrenched. The name comes from an 1828 minstrel routine called “Jump Jim Crow” by Thomas Dartmouth “Daddy” Rice, a white man who performed in blackface. Eventually, the term was used to describe racial segregation, which began after the official end of Reconstruction in 1877. In the 1940s, the time when blacks held office had long been forgotten. Literacy tests like the one above were used to keep blacks from voting. Even though it reads, “This test to be given to anyone who cannot prove a fifth grade education,” whites weren’t asked to prove a thing when heading to the polls. Poll taxes were another way to keep the overwhelmingly poor black community from casting their ballots.
Frustrated by the perseverance of segregation, alienation and lack of opportunity in a supposedly “free and equal” society, the Civil Rights Movement kicked off in the 1950s. Using nonviolent protests like sit-ins and marches, activists sought to put an end to segregation and voter discrimination laws throughout the South.