"Election Day: The Constitutional Evolution of American Freedom"
Election Day, the hallmark of American freedoms. This day remains a testament to the enduring principles and structures enshrined in the United States Constitution. This crucial day, when citizens exercise their right to vote and choose their leaders, is the result of a constitutional evolution that has expanded and abolished oppressive practices, and fortified the foundations of a representative government for the people. In this article, we will explore the remarkable journey from the Constitution's inception to the establishment of Election Day as we know it today.
Casey Adams
11/7/20233 min read


Early Constitutional Roots: Limited Suffrage
At the time of the Constitution's drafting in 1787, suffrage in the United States was far from universal.
The original Constitution conferred the power to determine voter eligibility to the states, which resulted in a significant variation in suffrage qualifications.
In most cases, the right to vote was restricted to white male property owners, excluding women, African Americans, Native Americans, and non-property-owning white males.
The Evolution of Suffrage: Constitutional Amendments
As the United States progressed, the Constitution has evolved to eventually include people of color, women and allow individuals who have obtained the age of 18 to participate in future voting procedures.
The 15th Amendment, ratified in 1870, prohibited the denial of the right to vote based on race, enabling African-American men to participate in the electoral process.
The 19th Amendment, ratified in 1920, was another pivotal milestone, granting women the right to vote and ending the long-standing exclusion that had prevailed since the nation's founding.
The 26th Amendment, ratified in 1971, lowered the voting age to 18, recognizing that those who could be drafted to fight in the Vietnam War should also have a voice in the selection of their government.
The Civil Rights Movement and Voting Rights Act: Involving all Americans rights to vote
While constitutional amendments broke down explicit barriers to suffrage, the struggle for voting rights continued.
The Civil Rights Movement of the 1950s and 1960s played a central role in ensuring that constitutional protections were enforced in practice.
The Voting Rights Act of 1965, a landmark piece of legislation, aimed to eliminate discriminatory practices that prevented African Americans from voting.
The Act empowered the federal government to intervene in states with a history of voter suppression, resulting in significant progress in enhancing electoral equality.
Establishment of a Fixed Election Day: The Electoral Count Act of 1887
The concept of Election Day, as a fixed date for national elections, took shape with the passage of the Electoral Count Act in 1887.
This legislative milestone aimed to address the challenges and inconsistencies that characterized presidential elections before its enactment.
Prior to the Electoral Count Act, presidential elections lacked a uniform day across the nation.
Instead, states determined their own election dates, often leading to confusion and logistical difficulties.
Without accurate accounting of the ballots, this opens the door for possible manipulation from either party.
This simply cannot be tolerated in a new developing country.
This lack of coordination had the potential to disenfranchise voters, as it created inconsistencies in the timing of elections, impacting voter turnout and the reliability of results.
The Electoral Count Act, among other provisions, established a single day for presidential elections.
It designated "the Tuesday next after the first Monday in November" as the fixed date for presidential elections, a tradition that continues to this day.
This straightforward and unambiguous approach provided much-needed clarity and consistency to the electoral process.
The Act's significance goes beyond just setting a date. It exemplifies a broader effort to streamline the election process and to strengthen the constitutional framework of America.
By designating a specific day for national elections, the United States achieved a crucial step in its ongoing quest for fair, well-organized, and constitutionally sound elections.
This change was emblematic of the nation's commitment to evolving its freedom processes to meet the needs of its citizens while preserving the principles of the Constitution.
As the years have passed, the fixed Election Day has become an integral part of American civic life, reflecting the country's dedication to conducting transparent elections.
It ensures that voters from all corners of the nation have the opportunity to participate in this process with certainty and confidence.
This historical shift is a testament to the adaptability of the American political system, which has continuously strived to uphold the principles of the Constitution and safeguard the integrity of the nation's electoral process.
The Electoral Count Act of 1887 stands as a significant chapter in the story of America's development, solidifying the concept of a fixed Election Day as a foundational principle of the nation's constitutional order.
References for Further Exploration:
Foner, Eric. (1988). "Reconstruction: America's Unfinished Revolution, 1863-1877." Harper & Row.
Anderson, Terry H., and Hill, P. J. (1979). "The Not So Solid South: A Reinterpretation of the 1928 Presidential Election." The Journal of American History, 65(1), 87-111.
Keyssar, Alexander. (2009). "The Right to Vote: The Contested History of Democracy in the United States." Basic Books.
Tushnet, Mark V. (2008). "The Constitution of the United States of America: A Contextual Analysis." Hart Publishing.
Graham, Howard Jay, and Emmons, David M. (2016). "One Man, No Vote: How Voter Suppression Is Destroying Our Democracy." Beacon Press.
Congress. (1887). "An Act to fix the day for the meeting of the electors of President and Vice President, and to provide for and regulate the counting of the votes for President and Vice President, and the decision of questions arising thereon." Retrieved from the United States Government Publishing Office.



