From Drafts to Ballots: The Legacy of the 26th Amendment

Oct. 9, 2024

Author: Mel Sheehan

This year’s Constitution Day Lecture featured Carolyn Eastman, Ph.D., and John Aughenbaugh, Ph.D. who spoke on how the 26th Amendment of the U.S. Constitution came to be, and what that means for voters of the past and present.

Aughenbaugh and Eastman in front of ppt screen

On September 19, VCU Libraries held its annual Constitution Day lecture featuring political science professor John Aughenbaugh, Ph.D., and history professor Carolyn Eastman, Ph.D. This year’s discussion was centered on the 26th Amendment, which lowered the legal voting age in the United States to 18 years old. Eastman provided the historical context for the lecture, while Aughenbaugh discussed the specifics of how the amendment was established.

Eastman began the lecture by posing a question to the audience: Should the minimum voting age be lowered to 16? The audience responded with an overwhelming “no,” with only a few saying “yes.” Those against lowering the voting age argued that individuals under 18 are considered legal minors and lack certain rights, and possibly do not have the proper maturity to make such a large decision. Meanwhile, supporters of lowering the age believed that since some political decisions affect those who are under 18, not just those above, they should be given the right to vote.

At 18, individuals gain certain rights, such as the ability to purchase long guns, consent to adult activities, drive without a permit and open a bank account independently. At 21, they are then permitted to drink and buy handguns. But why were 18 and 21 chosen as key ages?  

Eastman explained that these ages are rooted in historical, legal and cultural factors. One of the biggest factors has long been the connection to military service. In the earlier eras of United States history, the military enlistment age was limited to 21, but it was lowered to 18 during the Civil War as both armies were in need of more manpower. Even though the enlistment age changed, the draft age remained at 21. These were the typical ages tied to the military until World War II, when the government made the decision to lower the draft age to 18 as well.

This drastic change sparked a movement to lower the voting age, considering that young men were being drafted into the military but were still not granted the right to vote. During the Vietnam War, many argued that if they were old enough to fight, they were old enough to vote. One man from Virginia interviewed by his local newspaper said, “It doesn’t make sense…I’m a sergeant in the U.S. Army but the law says I ain’t a man. I mean now will somebody explain that to me.”

This movement gained more momentum during the Civil Rights movement of the 1950s and 1960s, when people began fighting against Jim Crow laws, which include racial voting barriers such as literacy tests and poll taxes, which were more common in southern states. A grassroots movement of other young people also played a role in calling for change. In 1969 a song was released by Tommy Boyce and Bobby Hart titled “L.U.V. (Let Us Vote).” This was an official campaign song to lower the voting age. The lyrics say, “L.U.V., talking ‘bout you and me, changing things peacefully. We’re old enough so, L.U.V” 

Taken together, the opposition to the war, the grassroots movement, and the Civil Rights movement all began to change public opinion by the late 1960s.  These movements were matched by a bipartisan coalition of legislators who also began to work toward lowering the voting age. President Eisenhower was one of the first major political leaders who advocated for lowering the voting age. As a five star general in World War II, he was aware of the situation and especially sensitive to the situation of drafting men at 18 but not letting them vote until 21. In his State of the Union address in 1954, he stated, “For years our citizens between the ages of 18 and 21 have, in time of peril, been summoned to fight for America…I urge Congress to propose to the States a constitutional amendment permitting citizens to vote when they reach the age of 18.”

“If you look at the Constitution, it has no provision guaranteeing the right to vote, which had become a real concern,” Eastman said. “We’re talking about various kinds of efforts to bolster the right to vote in the U.S., but those were getting batted away by some politicians.” 

Eager to find a solution, in 1970 Congress passed a bill lowering the voting age for state and local elections when they renewed and reauthorized the Voting Rights Act of 1965. The passage of this bill led to the Oregon v. Mitchell  case that asked the Supreme Court to review the constitutionality of the provision. The court was split. Justice Hugo Black, argued for the majority that Congress did not have the authority to regulate the minimum age for state and local elections, just federal elections. Because of this decision marked a split between federal elections and those at the state and local level, Congress acted quickly to approve a constitutional amendment and move it to the ratification process by the states. Two weeks later, three-quarters of the states ratified the amendment, and it became the 26th Constitutional Amendment. Aughenbaugh describes this as “remarkable,” as it was the shortest period of time ever required to ratify an amendment. It went into effect on July 1st, 1971. 

Some predicted that young voters would tilt the 1972 presidential election in favor of the Democratic candidate, George McGovern. They were wrong. The Republican Richard Nixon earned almost 50% of the votes cast from 18- to 21-year-olds. The entire turnout of voters in that age group was comparatively low at only 55%.

Turnout among young voters dropped from there. By 1988, the turnout was only 36%. A slight rebound appeared in 1992, but declined again until 2008, when 49% of 18- to 24-year-olds voted. The voter turnout has declined again since that election year. Aughenbaugh suggested that “Many people don’t truly become politically aware until they’re into their 30s or 40s.” He suggests that many 18- to 24-year-olds lack interest in politics, primarily because they are preoccupied with other priorities like college and starting careers. Voting, he explains, is a habitual practice. Moreover, he noted, it becomes challenging when young people are faced with tough decisions and widespread misinformation. 

He highlights a concept in the political science field known as “rational ignorance,” which suggests that many people choose not to invest much concern in or attention to voting because they believe it has little impact on their lives. 

Aughenbaugh emphasizes that while there are many struggles young adults face today when it comes to voting,  many people in the past fought hard for the right to vote, including those who had served in wars despite not having the ability to cast a ballot. He argues that this history serves as a strong reason for individuals today to take advantage of their federal right to vote. 

As the 1969 song "L.U.V. (Let Us Vote)" instructed, “Come on and let us vote, it’s time that we all made a contribution. Come on and let us vote, it’s a solution!”