Voting Rights and the 14th Amendment

field_image
Elizabeth Cady Stanton
Question

How much impact did woman suffragists have on the 14th Amendment? How was it that its provisions did not give women the right to vote? What did the 15th Amendment add that wasn't in the 14th?

Answer

History is messy. And so are politics. A good historian resists the urge to reduce the many causes or meanings of an event to a single one. One of the most persistent urges of students of American history is to try to decide whether the Civil War was "really" about slavery or about states' rights. Another contender for the "real" cause of the war has been the regional tensions between an agrarian and an industrial economy, and another contender, the unequal unfolding in various segments of society of the universal implications of the Enlightenment's principle of individual freedom.

History is messy. And so are politics.

The "real" cause was all of these and more. Those on each side of the conflict acted with a variety of goals, and individuals were commonly motivated by more than one reason.

The 13th Amendment Abolishes Slavery

The complexity of interests, goals, and motivations continued throughout the Reconstruction period after the war. The radical Republicans, who dominated Congress, were determined to complete the task of eliminating slavery. But this meant more than simply abolishing slavery itself, which occurred through the adoption of the 13th Amendment at the end of 1865. (The 13th Amendment wrote the abolition of slavery into the deepest level of American law, making it permanent. Northern abolitionists had worried that the Emancipation Proclamation of 1863 would be attacked after the end of the war as merely a temporary emergency measure.)

freed slaves' legal status was undefined and unclear.

The passage of the 13th Amendment did not end the problem, however, because the freed slaves' legal status was undefined and unclear. From the freed slaves' point of view, this left them without legal protection against attempts in the South to coerce them into a permanent underclass status.

The 14th Amendment Makes Ex-Slaves Citizens

The problem was constitutionally complicated because the pre-war Supreme Court Dred Scott decision had declared black slaves to be non-persons. A 14th Amendment was necessary, therefore, to explicitly establish the status of blacks as persons and citizens through a natural right, inhering simply in having been born in the country and in recognizing their allegiance to it.

This was a philosophical expansion of who was included in the "We the People" phrase in the preamble to the Constitution, but the plight of the still-disenfranchised freed slaves in the South increased the urgency of passing the Amendment. Because the southern states were still occupied federal territory, the freed slaves—for the time being—could be given direct federal protection. However, the states were agitating for readmission to the Union, and their legislative representation had to be calculated. The Constitution had calculated it by counting slaves as three-fifths of a person. That language obviously now had to be amended. In addition, it was urgent that blacks be given full legislative representation to thwart Southern efforts to turn them into a permanent underclass without the full rights of citizens.

Problematic Language in the 14th Amendment

For the advocates of women's rights, this is where it got messy, and where some of the various motivations and goals of those who had previously been working together began to unravel. The radical Republicans who drafted the language of the 14th Amendment realized that by making a "natural rights" case for including blacks as full citizens, with all the rights and obligations, they would be making the same case for women. Had the amendment contained only the language of Section 1, women's rights advocates would have been thrilled because it would have strengthened their argument for female suffrage, even though it had to do with establishing citizenship rather than the right to vote per se:

"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

But this wording would have made the amendment impossible to pass. There was wide political support for protecting the freed slaves, but not for giving women the right to vote.

This political dilemma was "solved" through the language of Section 2, which was needed to specify how the inhabitants of states would be counted for the purpose of legislative representation. It amended the Constitution's "three-fifths" clause.

There was wide political support for protecting the freed slaves, but not for giving women the right to vote.

And a penalty would be exacted from a recalcitrant state for any effort to deny blacks their votes. For each black denied the vote, the state's basis for representation would be reduced by one:

"Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote… is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States … 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."

Before the war, a slave state was able to count each slave as three-fifths of a person for the purposes of its apportion representation in Congress. Now, for each black who was denied the vote, the state would be forced to deduct a whole person from its basis for apportioned representation. This would apply strong pressure on the state not to disenfranchise blacks. Simultaneously, however, the language of this section of the amendment, in precisely specifying the calculation to be used, qualified the words "inhabitants" and "citizens" with the word "male."

This section, therefore, both enraged women's rights advocates while also allowing the amendment's proponents enough cover to find the votes for passage because it appeared to limit its effects to expanding the male population eligible to vote. The words "male" and "female" had not appeared in the Constitution before this. And women had been making their strongest Constitutional argument for the right to vote based on the "natural rights" reasoning upon which the Constitution relied. They argued that women already had the right to vote (and had always had it), at least implicitly, in the Constitution, but that mere outmoded convention had prevented that right from being recognized. They had been arguing for woman suffrage, in other words, based on the universal human rights they saw as affirmed by implication in the Constitution.

The Reformers' Coalition Unravels

Most of those who had argued for women's rights before and during the war had also allied themselves strongly with the movement to abolish slavery, linking the two causes on the basis of natural rights. But now, by the insertion of the word "male" into the amendment, the Constitution would no longer be technically gender-blind, but would actively "disfranchise" women. Women's rights advocates were particularly stung by the fact that the amendment was written and was being pushed by the very same reformers, such as Senator Charles Sumner, with whom they had stood shoulder to shoulder in the agitation against slavery.

by the insertion of the word "male" into the amendment, the Constitution would no longer be technically gender-blind

As Elizabeth Cady Stanton remarked on the Republican Congress's determination to extend voting rights to blacks: "to demand his enfranchisement on the broad principle of natural rights, was hedged about with difficulties, as the logical result of such action must be the enfranchisement of all ostracized classes; not only the white women of the entire country, but the slave women of the South … the only way they could open the constitutional door just wide enough to let the black man pass in, was to introduce the word 'male' into the national Constitution."

Wendell Phillips, in 1865, as the new head of the American Anti-Slavery Society, turned the society's sights on ensuring black Americans' civil and political rights, especially suffrage. The old-line anti-slavery agitators understood that trying to extend suffrage to African-Americans would require a huge political battle. Trying to extend suffrage to women, too, at the same time, would be impossible. So now he told the society's annual convention, "I hope in time to be as bold as [British reformer John] Stuart Mill and add to that last clause 'sex'!! But this hour belongs to the negro. As Abraham Lincoln said, 'One War at a time'; so I say, One question at a time. This hour belongs to the negro." Elizabeth Cady Stanton and Susan B. Anthony both understood immediately that this meant that their erstwhile supporters among the abolitionists—many of whom were now in the councils of legislative influence in the Republican Party—were putting the "woman's cause … in deep water."

Congress proposed the 14th Amendment on June 13, 1866. It was ratified and became law on July 9, 1868. Its adoption caused a deep rift among those who, until then, had made common cause. Many of the supporters of the amendment hoped that the issues of black suffrage and woman suffrage could be separated out and treated sequentially, one after the other. And many of them were acting on the pressing need to deal with the issue of black citizenship and suffrage separate from the issue of woman suffrage out of the necessity to cope with the unfolding events in the aftermath of the war.

"This hour belongs to the negro."

Nevertheless, many women's rights activists felt that their cause had been betrayed by their former friends in reform, and that the cause of blacks and women had not just been separated, out of a temporary necessity, but that the cause of women had been set back. Historian Ellen DuBois has noted that this was a watershed event in that women's rights activists, after this, began focusing their organizing efforts specifically on gaining for women the right to vote, rather than relying on broader reforms. They organized both the National Woman's Suffrage Association and the American Woman Suffrage Association in 1869, and began petitioning for a constitutional amendment that would guarantee women the right to vote.

The 15th Amendment Makes Ex-Slaves Voters

As events unfolded in the South, blacks were often excluded from voting by local restrictions of one kind or another, and Congress recognized that constitutionally defining blacks as citizens, through the 14th Amendment, did not absolutely guarantee their right to vote. Consequently, Congress proposed the 15th Amendment on February 26, 1869. It was ratified and became law on February 3, 1870:

"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."

For women's rights advocates, this amendment added nothing new to their struggle for suffrage. Especially frustrating for them was the fact that antebellum reformers had often railed against legal limits to freedom based on "race, color, or sex," and the language of this new amendment seemed to them to be a kind of parody of that, in which "sex" was deliberately replaced by "previous condition of servitude," that is, slavery.

It was a painful irony for many women's rights activists, therefore, that they found themselves actively opposing the passage of the amendment (as some of them had opposed the 14th Amendment). The amendment that would guarantee them the right to vote—the 19th—would not become law until 1920.

For more information

"Petition of E. Cady Stanton, Susan B. Anthony, Lucy Stone, and others asking for an amendment of the Constitution that shall prohibit the several States from disfranchising any of their citizens on the ground of sex, ca. 1865," Records of the U.S. House of Representatives, National Archives and Records Administration, Washington, DC. ARC Identifier 306684.

"Form letter from E. Cady Stanton, Susan B. Anthony, and Lucy Stone asking friends to send petitions for women's suffrage to their representatives in Congress, 12/26/1865," Records of the U.S. House of Representatives, National Archives and Records Administration, Washington, DC. ARC Identifier 306686.

National Women's History Project website.

HerStory Scrapbook website.

Bibliography

Elizabeth Cady Stanton, Susan B. Anthony, Matilda Joslyn Gage, eds., History of Woman Suffrage, Volume 2: 1861-1876. Rochester, NY: Privately Printed, 1881, pp. 90-106, 333-362, 407-416.

Ellen Carol DuBois, Feminism and Suffrage: The Emergence of an Independent Women's Movement in America, 1848-1869. Ithaca: Cornell University Press, 1978, pp. 53-72.

Eleanor Flexner and Ellen Fitzpatrick, Century of Struggle: The Woman's Rights Movement in the United States, rev. ed. Cambridge, MA: Harvard University Press, 1996, pp. 136-148.

National Women's History Project

Image
Logo, National Women's History Project
Annotation

Introduces the National Women's History Project, "a non-profit organization dedicated to recognizing and celebrating the diverse and historic accomplishments of women by providing information as well as educational material and programs." Includes a 5,000-word essay on the history of the women's rights movement and a 7,000-word timeline. The site gives detailed information about the organization's activities, including efforts to bring women's history into public life, a list of curricular ideas for teachers, material concerning National Women's History Month, and a 15-question quiz on Women's History.

Perhaps most valuable, the site furnishes approximately 200 partially annotated links, arranged into 12 broad categories such as "Politics," "World History," and "Math and Science." Though lacking in primary source material, this site provides useful beginning resources for the study and practice of women's history.

North American Women's Letters and Diaries: Colonial Times to 1950

Image
Logo, North American Women's Letters and Diaries: Colonial Times to 1950
Annotation

This extensive archive offers approximately 150,000 pages of letters and diaries from colonial times to 1950, including 7,000 pages of previously unpublished manuscripts. Highlighted material includes extracts from the Journal of Mrs. Ann Manigault (1754-1781), the Life of Harriet Beecher Stowe, letters of Phyllis Wheatley, letters of Ellen Louisa Tucker to Ralph Waldo Emerson, letters of Margaret Fuller, and the memoirs and letters of Dolley Madison, wife of James Madison.

Search the database by keyword or use the advanced search to find material by such fields as author, race, religion, age, occupation, date of writing, document type, historical event, or subject. More than 80 fields have been indexed. This website is available either through one-time purchase of perpetual rights or through annual subscription (your library or institution may have a subscription). This collection is a useful archive of material for teaching about the history of women as well as for research in women's studies, social history, and cultural history.

Women of Protest: Images from the Records of the National Woman's Party

Image
Photo, Lucy Burns in Occoquan. . . , Harris and Ewing, 1917, Women of Protest
Annotation

This combined archive and exhibit offers a selection of 448 photographs from the Library's National Woman's Party (NWP) collection that "document the National Woman's Party's push for ratification of the 19th Amendment as well as its later campaign for passage of the Equal Rights Amendment." Photographs span the years 1875 to 1938, but most date from 1913 to 1922. Visitors can browse photographs by title or subject or search the descriptive information. The site has a photo gallery of more than 50 photographs depicting NWP activists who were arrested and imprisoned for their role in suffrage protests. Additionally, the site provides a timeline of the National Woman's Party from 1912 to 1997 that places it in historical context. The site also provides three essays: on the tactics and techniques of the National Woman's Party suffrage campaign, a historical overview of the NWP, and on leaders of the NWP.

An American Family: The Beecher Tradition

Image
Photo, Picture of the Beecher family, Matthew Brady, c. 1850
Annotation

This exhibit, based on an exhibit at the William and Anita Newman Library of the City University of New York, explores the history of the Beechers, a New England family influential in religious, abolitionist, and women's rights movements. The site provides 500-word biographies, photographs, and excerpts from letters for seven members of the Beecher family, beginning with patriarch Lyman Beecher, Presbyterian minister and President of Lane Theological Seminary in Cincinnati. It also profiles Lyman's two wives; five of his children, including Harriet Beecher Stowe, author of Uncle Tom's Cabin and more than 30 other works; and his great-granddaughter Charlotte Perkins Gilman, women's rights activist and author of Women and Economics. The site also offers links to six related websites and a bibliography of six related scholarly works. It is a good resource for those researching abolitionism, women's rights, or the lives of the Beechers.

Agents of Social Change: 20th-Century Women's Activism

Image
Photo, Gloria Steinem and Dorothy Pitman Hughes, Dan Wynn, c. 1970
Annotation

Selected materials from the personal papers of Mary Metlay Kaufman, Dorothy Kenyon, Constance Baker Motley, Jessie Lloyd O'Connor, Frances Fox Piven, and Gloria Steinem. Also includes papers of the National Congress of Neighborhood Women (NCNW) and the Women's Action Alliance (WAA). The six women and two organizations are introduced with biographical essays (300-700 words). For each woman, the site provides from three to six texts, of 100 to 1,000 words, including correspondence, photographs, articles written by or about them, and bulletins and newsletters for movements with which they worked. Material includes fan mail received by Steinem, a letter from William Z. Foster to Kaufman, and a five-page speech Motley made to the Children's Organization for Civil Rights.

Papers for the NCNW include two photos, one poster, a brochure, and six pages of projects and activities. The WAA exhibit presents one photo, a press release, a mission statement, and a brochure. There are six high school lesson plans using the primary documents. The site will be useful for research in 20th-century feminism and women's activism.

Scholars in Action: Analyzing 19th-Century Letters

Article Body

Scholars In Action presents case studies that demonstrate how scholars interpret different kinds of historical evidence. These letters were written by labor activist, reformer, and entrepreneur Sarah Bagley in 1846 and 1848 to Angelique Martin, a prominent reformer and champion of women's rights. Bagley advocated on behalf of the young female workers employed in textile mills in Lowell, Massachusetts, and elsewhere in New England, and was also involved in campaigns for women's rights. Her career, and these letters, reflect the ways that movements for women's rights, factory workers' rights, and the abolition of slavery intertwined in the 1840s and 1850s, including debates comparing the working and living conditions of slaves to those of northern factory workers.

Resources for Women's History Month

Date Published
Article Body

With Teachinghistory.org's women's history resources and the rich resources available elsewhere on the Web, you can find ideas and materials for any time period, topic, or grade level. Whether you're covering well-known events like the Seneca Falls Convention or helping your students uncover little-known figures from history, primary sources, digital tools, and thoughtful teaching strategies can bring women's history to life in March—and in every month of the year!

Start your search for resources on our Women's History Month spotlight page, where you'll find website reviews, lesson plans, quizzes, videos, and other materials that encourage historical thinking.

Need even more resources? Try these suggestions for exploring Women's History Month materials beyond Teachinghistory.org:

  • Explore the Library of Congress's resources through its Women's History Month gateway.
  • Follow the links in the National Archive's guide to resources on women to discover primary sources on African American women, women in the military, women in politics, women's suffrage, and more.
  • Discover teaching resources, online exhibits, and other resources from the Smithsonian Institution, via its Women's History Month heritage page.
  • Learn about National Register of Historic Places sites related to women's history courtesy of the National Park Service's annotated list.
  • Download lesson plans on women writers, politicians, artists, activists, soldiers, and civil servants from EDSITEment.
  • Browse the Gilder Lehrman Institute of American History's online journal History Now for essays and lesson plans on topics including women in reform movements, abolitionists, suffrage, the West, and more.
  • Read President Barack Obama's 2012 Women's History Month proclamation at the White House website.
  • Read up on the lives of women athletes, leaders, activists, and more on Bio.com.
  • Watch videos, view photos, and read essays on HISTORY.com's Women's History Month page.

Remember not to limit teaching about women in U.S. history to March! Many of these resources, as well as our spotlight page, are available year-round.

Helen Keller Kid's Museum

Image
Photo, Helen and Anne playing chess, 1900, American Foundation for the Blind
Annotation

The main feature of this website is an exhibit presenting the story of Helen Keller's life through five exhibits. Each exhibit offers text and photographs that examine a different period of her life from childhood through her career as a champion of the blind and a world figure. Together, the exhibits contain more than 30 photographs. "Who Was Helen Keller" offers a short Helen Keller biography; a recommended reading list with 19 books, including seven works by Helen Keller; a link to a free version of Keller's The Story of My Life; some fun facts and quotes; and a link to the Helen Keller Archives. The site also includes a chronology of Keller's life. This website is an excellent aid to teaching children the inspiring story of Helen Keller's life.

Anne Sullivan Macy: Miracle Worker

Image
Photo, Anne Sullivan stands with Helen Keller, c. 1893, AFB
Annotation

This website is dedicated to the life and legacy of Anne Sullivan Macy, who, in the words of the site's authors "was a pioneer in the field of education." The exhibition tells her story through an introduction and five galleries, each focused on a different period in the inspiring story of Macy's life, including galleries on her childhood and her work teaching Helen Keller that became the basis for the play The Miracle Worker. The galleries feature excerpts from Macy's correspondence and writings, quotes contained in various biographies, and passages about Macy from Helen Keller's Teacher: Anne Sullivan Macy. The full-text of many of Macy's letters are available. All 47 images can be viewed in a larger size and are accompanied by descriptions. The site also offers a brief, one-page biography of Macy; a chronology of her life; and a recommended reading list with 10 books (two for children). An outstanding introduction to the life of this extraordinary teacher.