Fifteenth Amendment to the United States Constitution
1
Fifteenth Amendment to the United States
Constitution
The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits each government in the
United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of
servitude" (for example, slavery). It was ratified on February 3, 1870.
The Fifteenth Amendment is one of the Reconstruction Amendments.
Text
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 power to enforce this article by appropriate legislation.[1]
History
The Fifteenth Amendment is the third of the Reconstruction Amendments. This amendment prohibits the states and
the federal government from using a citizen's race (this applies to all races),[2] color or previous status as a slave as a
voting qualification. The North Carolina Supreme Court upheld this right of free men of color to vote; in response,
amendments to the North Carolina Constitution removed the right in 1835.[3] Granting free men of color the right to
vote could be seen as giving them the rights of citizens, an argument explicitly made by Justice Curtis's dissent in
Dred Scott v. Sandford:[4]
Of this there can be no doubt. At the time of the ratification of the Articles of Confederation, all free
native-born inhabitants of the States of New Hampshire, Massachusetts, New York, New Jersey and North
Carolina, though descended from African slaves, were not only citizens of those States, but such of them as
had the other necessary qualifications possessed the franchise of electors, on equal terms with other citizens.
Both the final House and Senate versions of the amendment broadly
protected the right of citizens to vote and to hold office.[5] The final
House version read:
The right of citizens of the United States to vote and hold
office shall not be denied or abridged by any State on the
account of race, color, nativity, property, creed or previous
condition of servitude.[6]
Likewise, the final Senate version read:
No discrimination in the exercise by any citizen of the United
States of the elective franchise, or in the privilege of holding
office, shall in any State be based upon race, color or previous
condition of said citizen or his ancestors.[6]
However, both versions of the amendment posed serious challenges
in being ratified by three-fourths of the states.[7] A handful of states
still required voters and candidates to be Christian. Southern
Republicans were reluctant to undermine loyalty tests, which the
Reconstruction state governments used to limit the influence of
The Fifteenth Amendment in the National Archives
Fifteenth Amendment to the United States Constitution
2
ex-Confederates, and partly because some Northern and Western
politicians wanted to continue disenfranchising non-native Irish and
Chinese.[8]
To increase chances of ratification, the amendment was revised in a
conference committee to remove any reference to holding office and
only prohibited discrimination based on race, color or previous
condition of servitude. Yet, despite these changes, ratification of the
amendment was still in some doubt.
Virginia, Mississippi, Texas and Georgia, were required to ratify the
amendment as a precondition for having congressional
representation. Nevada ratified the amendment, but only after being
reassured by Senator William Morris Stewart that the amendment
would not preclude prohibiting the Chinese and Irish immigrants
from voting.[9] California and Oregon both opposed the measure out
of fear of Chinese immigrants, New York initially ratified the
amendment, but legislators later attempted to rescind the ratification,
a controversial decision that might have resulted in a court challenge,
but for the fact that on March 30, 1870, enough states had ratified the
amendment for it to become part of the Constitution.
1870 celebration of the Fifteenth Amendment as a
guarantee of African American voting rights
Thomas Mundy Peterson was the first African American to vote
after the amendment's adoption. Peterson cast his ballot in an
election over whether to revise the city of Perth Amboy's charter or
abandon it for a township form of government. His vote was cast at
City Hall in Perth Amboy, New Jersey on March 31, 1870.[10] On a
per capita and absolute basis, more blacks were elected to public
office during the period from 1865 to 1880 than at any other time in
American history including a number of state legislatures which
1867 drawing depicting the first vote by African
were effectively under the control of a strong African American
Americans
caucus. These legislatures brought in programs that are considered
part of government's role now, but at the time were radical, such as universal public education. They also set all
racially biased laws aside, including anti-miscegenation laws (laws prohibiting interracial marriage).
Despite the efforts of groups like the Ku Klux Klan to intimidate
black voters and white Republicans, assurance of federal support for
democratically elected southern governments meant that most
Republican voters could both vote and rule in confidence. For
example, an all-white mob in the Battle of Liberty Place attempted to
take over the interracial government of New Orleans. President
Ulysses S. Grant sent in federal troops to restore the elected mayor.
However, in order to appease the South after his close election,
Rutherford B. Hayes agreed to withdraw federal troops. He also
overlooked rampant fraud and electoral violence in the Deep South,
despite several attempts by Republicans to pass laws protecting the
rights of black voters and to punish intimidation. Without the
restrictions, voting place violence against blacks and Republicans increased, including instances of murder. Most of
this was done without any intervention by, and often with the cooperation of, law enforcement.
Voter registration card, Alamance County, North
Carolina, 1902, with statement from registrant of
birth before January 1, 1867, when the Fifteenth
Amendment became law
Fifteenth Amendment to the United States Constitution
By the 1890s, many Southern states had strict voter eligibility laws, including literacy tests and poll taxes. Some
states even made it difficult to find a place to register to vote. Upon the adoption of the Twenty-fourth Amendment
in 1962, the Voting Rights Act of 1965, and the U.S. Supreme Court's decision in Harper v. Virginia State Board of
Elections in 1966, all poll taxes and literacy tests were prohibited in all elections.
Adoption
The Congress proposed the Fifteenth Amendment on February 26, 1869.[11] The final vote in the Senate was 39 to
13, with 14 not voting.[12] Several fierce advocates of equal rights, such as Massachusetts Senator Charles Sumner,
abstained from voting because the amendment did not prohibit devices which states might use to restrict black
suffrage, such as literacy tests and poll taxes.[13] The vote in the House was 144 to 44, with 35 not voting. The House
vote was almost entirely along party lines, with no Democrats supporting the bill and only 3 Republicans voting
against it.[14]
States that ratified pre-certification[11]
1. Nevada (March 1, 1869)
2. West Virginia (March 3, 1869)
3. Illinois (March 5, 1869)
4. Louisiana (March 5, 1869)
5. Michigan (March 5, 1869)
6. North Carolina (March 5, 1869)
7. Wisconsin (March 5, 1869)
8. Maine (March 11, 1869)
9. Massachusetts (March 12, 1869)
10. Arkansas (March 15, 1869)
11. South Carolina (March 15, 1869)
12. Pennsylvania (March 25, 1869)
13. New York (April 14, 1869)[15]
14. Indiana (May 14, 1869)
15. Connecticut (May 19, 1869)
16. Florida (June 14, 1869)
17. New Hampshire (July 1, 1869)
18. Virginia (October 8, 1869)
19. Vermont (October 20, 1869)
20. Alabama (November 16, 1869)
21. Missouri (January 7, 1870)
22. Minnesota (January 13, 1870)
23. Mississippi (January 17, 1870)
24. Rhode Island (January 18, 1870)
25. Kansas (January 19, 1870)
26. Ohio (January 27, 1870)
27. Georgia (February 2, 1870)
28. Iowa (February 3, 1870)
States that ratified post-certification:
1. Nebraska (February 17, 1870)
2. Texas (February 18, 1870)
3. New Jersey (February 15, 1871)
4. Delaware (February 12, 1901)
3
Fifteenth Amendment to the United States Constitution
5.
6.
7.
8.
9.
Oregon (February 24, 1959)
California (April 3, 1962)
Maryland (May 7, 1973)
Kentucky (March 18, 1976)
Tennessee (April 8, 1997)
References
[1] "The Constitution: Amendments 11-27" (http:/ / www. archives. gov/ exhibits/ charters/ constitution_amendments_11-27. html). . Retrieved
March 15, 2010.
[2] Rice v. Cayetano, 528 U.S. 495 (https:/ / supreme. justia. com/ us/ 528/ 495/ case. html) (2000)
[3] The Constitution of North Carolina (http:/ / statelibrary. dcr. state. nc. us/ nc/ stgovt/ preconst. htm#1835). State Library of North Carolina. .
Retrieved 2008-04-16.
[4] Dred Scott v. Sandford, Curtis dissent (http:/ / www. law. cornell. edu/ supct/ html/ historics/ USSC_CR_0060_0393_ZD1. html). Legal
Information Institute at Cornell Law School. . Retrieved 2008-04-16.
[5] The Fifteenth Amendment And "Political Rights" (http:/ / islandia. law. yale. edu/ amar/ lawreview/ 1996Fifteenth. pdf)
[6] Congressional Globe, 40th Cong., 3d Sess (1869) pg. 1318
[7] Gillette, W. (1969). The Right to Vote. pp. 71.
[8] Foner, Eric (2002-02-05). Reconstruction: America's Unfinished Revolution, 1863-1877. Harper Perennial Modern Classics. pp. 448.
ISBN 978-0-06-093716-4.
[9] 15thamendment.harpweek.com (http:/ / 15thamendment. harpweek. com/ HubPages/ CommentaryPage. asp?Commentary=03Ratification)
[10] [McGinnis, William C. "Thomas Mundy Peterson, First Negro Voter in the United States Under the Fifteenth Amendment to the
Constitution." Privately published, 1960]
[11] Mount, Steve (January 2007). "Ratification of Constitutional Amendments" (http:/ / www. usconstitution. net/ constamrat. html). . Retrieved
February 24, 2007.
[12] Gillette, W. (1969). The Right to Vote. pp. 75.
[13] Gillette, W. (1969). The Right to Vote. pp. 76.
[14] Gillette, W. (1969). The Right to Vote. pp. 73–74.
[15] Rescinded ratification on January 5, 1870, and re-ratified on March 30, 1970
External links
• Fifteenth Amendment and related resources at the Library of Congress (http://www.loc.gov/rr/program/bib/
ourdocs/15thamendment.html)
• National Archives: Fifteenth Amendment (http://www.archives.gov/exhibits/charters/
constitution_amendments_11-27.html#15)
• CRS Annotated Constitution: Fifteenth Amendment (http://www.law.cornell.edu/anncon/html/
amdt15toc_user.html)
4
Article Sources and Contributors
Article Sources and Contributors
Fifteenth Amendment to the United States Constitution Source: http://en.wikipedia.org/w/index.php?oldid=520461327 Contributors: 100yearsnow, 78.26, A.R., A8UDI, Achowat, Adambro,
Addihockey10, Addshore, AdjustShift, Adrian, Aitias, Al.locke, Alansohn, Ale jrb, Alex Bakharev, Alexanderaltman, Ali, Alibaba7331, Alison22, Allstarecho, Anastrophe, Andrew Levine,
Andy M. Wang, Andy120290, Angela, Anger22, AnnaFrance, Arakunem, Arjun01, Aymatth2, BD2412, BaronLarf, Basawala, Baseball Watcher, Bbatsell, Bcblackwell, Bento00, Bill, Blair999,
BlastOButter42, Bmoomoo, Branddobbe, Brian0918, Bryan Derksen, Bsadowski1, Bundas, BusterD, C.Fred, CIreland, CSWarren, CTF83!, CTZMSC3, Cadillac, Can't sleep, clown will eat me,
CanadianLinuxUser, CapitalR, Caracaskid, Cdogsimmons, ChrisHamburg, Chuck Carroll, Churchh, Cj005257, Cjsparacino, Cmguy777, Colorocky, Condem, Conversion script, Courcelles, Ctkt,
Cxz111, Cybercobra, Dastarrshine4ev, David Kane, Defender of torch, Deleteme42, Devourer09, Dillard421, Discospinster, Djflem, Dr. Morbius, Dtpeck, Dugfromup1, ERcheck, EWikist,
Eastlaw, Echuck215, Egil, Elipongo, Environmentalist and Historian, Epbr123, Eraserhead1, Eric119, EvaGears, Evil Monkey, Eyal Bairey, FCSundae, FHSerkland, Famspear, Fawcett5, Flewis,
Floquenbeam, Floul1, Frank, Frankenpuppy, Funandtrvl, Furado, GB fan, Gbinal, Ged UK, Geni, Gilliam, Glane23, Gogo Dodo, GoldRingChip, Gracenotes, Graham87, GreatWhiteNortherner,
Greek2, Green Giant, Grick, Grolltech, Gus Polly, Gwernol, Heflin, Hlj, Hmains, Husond, Hydriotaphia, Hydrogen Iodide, Icairns, Illidanserver, InShaneee, Iner22, Infrogmation, Ipeterson,
Iridescent, J.delanoy, JaGa, Jab843, Jahiegel, JayJasper, Jd027, Jengod, Jennavecia, Jensbn, Jeronimo, Jersyko, Jh12, Jim1138, JimVC3, Jmoney5000, JohnCub, Jovianeye, Jtmoon, KUsam,
Kaisershatner, Katalaveno, Kennard2, Kieran Bennett, Kinaro, Kirbydude1234, Kornfan71, La Pianista, LarrySanger, Legend Saber, Lilmaniac, Linuxbeak, Lotje, Louis-H. Campagna,
Lugia2453, M1ss1ontomars2k4, MONGO, Madden11, Markaci, MarmadukePercy, Marythefan, Mateo SA, Mav, Maxim, Maxis ftw, Memodude, Mentisock, Mike Rosoft, Mikeo, MinorProphet,
Monty845, Mouse Nightshirt, Mssnlayam, Mulad, NJCurmudgeon, Nakon, NawlinWiki, Nburden, Ncmvocalist, Neifion, NellieBly, Nepenthes, Netscott, Neutrality, NewEnglandYankee,
Nick84, Noah Salzman, North Shoreman, NuclearWarfare, NurseryRhyme, Oxymoron83, Patrick0Moran, Pax:Vobiscum, Pharaoh of the Wizards, Piksou, Plasticup, Playstationman, Ponder,
Postdlf, PranksterTurtle, Prodego, Promethean, Puchiko, RA0808, Raidicul, RandyUang, Raven4x4x, RayneVanDunem, Redsox00002, Ricky81682, Ridcully Jack, Rjmccarthyjr, Rockstone35,
Roman24, Rorschach, Roux-HG, RoyBoy, Rubicon, Ryuhaku, SMP0328, SMP0328., SNIyer12, SQL, Sadangel, Samwb123, Sccosel, Shanes, Sharkface217, Shawcorss, Sionus, Smileyfaceanny,
Snowdog, SoLando, Some jerk on the Internet, Srich32977, SteveHFish, Studerby, Sylvain Mielot, Szquirrel, Tbhotch, Teemu Leisti, Teh Rote, Thatguyflint, The Cunctator, The Thing That
Should Not Be, The Utahraptor, Thegreenj, Thejadefalcon, Thewordinator, Thingg, Tide rolls, Tim!, TomHirsch, Tomithy83, Tommy2010, TommyBoy, Tony Sidaway, Touriste, Truch, Trödel,
Ugur Basak, Uieoa, Ukexpat, Unionhawk, VasilievVV, Veryku, W4chris, Wagino 20100516, Wayward, Widr, WikipedianMarlith, Wikipelli, Will Beback, Wjejskenewr, Workster, Woudloper,
Wtmitchell, X!, Yellowdesk, ZacBowling, Zenlax, Zerofoks, Zorakoid, Zzuuzz, ‫ﺯﺭﺷﮏ‬, 904 anonymous edits
Image Sources, Licenses and Contributors
Image:15th Amendment Pg1of1 AC.jpg Source: http://en.wikipedia.org/w/index.php?title=File:15th_Amendment_Pg1of1_AC.jpg License: Public Domain Contributors: National Archives of
the United States
Image:15th-amendment-celebration-1870.jpg Source: http://en.wikipedia.org/w/index.php?title=File:15th-amendment-celebration-1870.jpg License: Public Domain Contributors: Churchh,
Clindberg, G.dallorto, Infrogmation, Kenmayer, Man vyi, Wst, 1 anonymous edits
Image:The First Vote.jpg Source: http://en.wikipedia.org/w/index.php?title=File:The_First_Vote.jpg License: Public Domain Contributors: Hydriotaphia, Mwanner, NekoDaemon, SamH,
Zscout370
File:Alamance County North Carolina voter registration card 1902.jpg Source:
http://en.wikipedia.org/w/index.php?title=File:Alamance_County_North_Carolina_voter_registration_card_1902.jpg License: Public Domain Contributors: A. L. McPherson, Registrar
License
Creative Commons Attribution-Share Alike 3.0 Unported
//creativecommons.org/licenses/by-sa/3.0/
5