“Men, Their Rights and Nothing More; Women, Their Rights and Nothing Less”
The 15th Amendment at 150 and the 19th Amendment at 100.
Written by Paul K. Stafford
Annually, our nation commemorates black history in February and women’s
history in March; however, in 2020 we are commemorating the
anniversaries of two seminal movements culminating in the ratification
of two constitutional amendments—the 150th anniversary of the
15th1 and the 100th anniversary of the 19th.2 It
is no more possible to understand the significance of black history or
women’s history within the confines of a designated month than it is
possible to understand the significance of these two amendments without
first understanding the history of those Americans these amendments are
intended to protect.
Whose America?
When explorer Christopher Columbus “discovered” the “Mundus
Novus”3 in 1492, it had already been “discovered” by other
explorers and was already inhabited by non-European men and women for
centuries; however, soon after its “discovery,” America experienced a
continuous influx of European colonists and African slaves4
upon its shores—and a continuous subjugation of non-Europeans within its
land.5 These men, women, non-Europeans, Europeans, and slaves
comprise the fabric of America’s history.
Through the Declaration of Independence, the 13 Colonies formed a
republic and declared the rights of its men (but not its women) and the
independence of its colonists (but not its slaves), stating: “We hold
these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that
among these are Life, Liberty and the Pursuit of Happiness.”6
The Articles of Confederation were drafted, favoring governance
through state sovereignty over central authority. States were charged
with the responsibility to safeguard the rights articulated in the
declaration, but were less than successful in their charge. The
Constitutional Convention was called, and a constitution was created.
Twelve proposed amendments followed, 10 of which were ratified and
became the Bill of Rights.
After the ratification of the Constitution and the Bill of Rights, the
federal government did not serve as the custodian of liberty, equality,
and voting rights. The Bill of Rights only applied to the federal
government, equal protection was a concept absent from the Constitution,
and the federal government deferred to the states on voting rights.
However, after the Civil War—and through the 13th, 14th, and 15th
Amendments (often referred to as the “Reconstruction Amendments”)—and
the 19th Amendment (referred to as the “suffrage amendment”), those
protections were explicitly extended to men of all races, former slaves,
and women.
The “Reconstruction Amendments”
The Constitutional Convention was not intended for all Americans.
Slavery remained after the ratification of the Constitution and the Bill
of Rights, as did the continuing tension between Jeffersonian states’
rights and Hamiltonian federalism. During the Civil War, the
Emancipation Proclamation declared free all persons held as slaves
within the “rebellious states,” freeing millions of slaves in the U.S.
at the time.7 Within this contextual focus upon liberty, the
Constitution’s 13th Amendment (1865) abolished slavery in the United
States.8
Even with the 13th Amendment’s ratification, equality was a concept
constitutionally unavailable to blacks, made evident in Dred Scott
v. Sandford9 in which the Supreme Court held that the
Constitution was not intended to include citizenship for black
Americans, whether slave or free. The 14th Amendment (1868) addressed
this disparity,10 stating that all persons born or
naturalized in the United States are citizens of the U.S.,11
and that no state shall make or enforce any law that abridges the
privileges and immunities of citizens of the United States;12
nor shall any state deprive any person of life, liberty, or property
without due process;13 nor deny any person the “equal
protection of the laws.”14 The 14th Amendment goes on to
penalize the inhibition of the right of male citizens to
vote,15 but says nothing of female citizens.
The 15th Amendment (1870) states that “[t]he 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.”16 Together, the 13th, 14th, and 15th
Amendments constitute the “Reconstruction Amendments;”17
however, the Compromise of 1877 saw the end of Reconstruction and the
advent of Jim Crow laws in the South, which suppressed voting and
effectively disenfranchised black Americans, aided by the passage and
implementation of Black Codes, generalizations perpetrated through the
“Dunning School,” and the federal court’s deference to states in
condoning discriminatory actions.18 This overt voter
intimidation and suppression continued through the civil rights
movement, the Civil Rights Act of 1964,19 and the Voting
Rights Act of 196520 and continues to have implications today
through such cases as Shelby Cty. v. Holder.21
The “Suffrage Amendment”
The women’s rights movement was born in the process of advocating for
the end of slavery and the rights of black Americans—evidenced by
abolitionists Lucretia Mott and Elizabeth Cady Stanton being barred from
attending the 1840 World Anti-Slavery Convention in London, which
prompted the Women’s Rights Convention in Seneca Falls, New York, in
1848 that resulted in the creation of the “Declaration of
Sentiments,”22 which demanded equality with men before the
law.
In 1866, the American Equal Rights Association—dedicated to suffrage
for all regardless of race or gender—was formed. After the passage of
the 14th Amendment, and with conflict over whether to support the 15th
Amendment, the National Woman Suffrage Association, or NWSA, focused on
amendment of the Constitution, and the American Woman Suffrage
Association, or AWSA, focused on amendment of state constitutions.
Following the Supreme Court’s 1873 ruling in The Slaughterhouse
Cases refusing to extend the 14th Amendment rights associated with
federal citizenship to state citizenship23 and the court’s
deference to discrimination the following year in Minor v.
Happersett, ruling that any remedy of woman’s suffrage should be
sought at the state constitutional level,24 suffrage efforts
continued. In 1890, the NWSA and AWSA merged to form the National
American Woman Suffrage Association with Stanton as its first president.
In 1896, the same year as the Plessy v. Ferguson25
decision condoning “separate but equal,” the National Association of
Colored Women was formed with the goal of achieving equality for women
of color. Due to the increasing political support for women’s suffrage,
and due in part to the efforts of the National Woman’s
Party26 and the 1916 election of Jeannette Rankin, of
Montana, as the first woman elected to the U.S. House of
Representatives, debate began on a suffrage amendment in 1918 in the
U.S. House, and the amendment passed. With the support of President
Woodrow Wilson, the suffrage amendment was able to pass the U.S. Senate
in 1919, using the language of the women’s suffrage amendment of 1878
and mirroring the 15th Amendment, stating that “[t]he 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.”27 Upon the
ratification of the 19th Amendment on August 18, 1920,28
women were granted the constitutional right to vote.
What do the ratification anniversaries of the 15th and the
19th Amendments mean today?
In this election year, the meanings ascribed to these anniversaries
are varied. One meaning is undoubtedly that—although the field of
candidates in a particular political contest often may not be diverse or
representative of the electorate—men of color, former slaves, and women
must remain diligent as an informed electorate in the exercise of their
enfranchisement. For example, with numerous female candidates, two
African-American candidates, an Asian-American candidate, and the first
openly gay presidential candidate, the 2020 Democratic presidential
primary was the most diverse field of presidential candidates in this
country’s history; however, the majority of these diverse candidates did
not survive long enough to see Super Tuesday. It is also worth noting
that, even following the presidency of a black American, the leading
Democratic presidential candidate is a 77-year-old white male, preparing
to face a 73-year-old white male in the November 2020 general election.
Nonetheless—although voting rates vary among various demographics
according to the type of election—a vote is a voice, and every vote
matters in maintaining this republic.
A larger meaning is that the nation should respect, commemorate, and
be forever mindful of the historical struggle to give true meaning to
its creed—being an indivisible nation, ensuring equality, and espousing
the inclusive concepts of liberty and justice for all—to men of all
races and color through the passage of the “Reconstruction Amendments”
and to women through the “Suffrage Amendment.” Americans (and American
history) must recognize and respect the societal and governmental
evolution each amendment represents.
Finally, in commemorating the ratifications of the 15th and the 19th
Amendments, we must acknowledge both the higher calling and aspirational
principles of our grand experiment in this pluralistic republic as well
as reaffirm that all Americans are essential toward forming a more
perfect union. Onward.TBJ
PAUL K. STAFFORD
has been a business litigator for approximately 25 years and a student
of constitutional history his entire life. He is a past president of the
Dallas Bar Association (2012) and currently serves on the State Bar of
Texas Diversity in the Profession Committee. He can be contacted at paul.stafford@tklaw.com.
