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Did any states called it "unconstitutional?" What happened during ratification?

2006-10-21 10:26:07 · 3 answers · asked by Em 3 in Arts & Humanities History

3 answers

First, note that it is meaningless to object to a proposed amendment to the Constitution on the grounds that it is "unconstitutional". That's sort of the point -- you amend the Constitution so that, through this process, the matter BECOMES constitutional.

As for what happened with the 15th amendment -- some have the idea that the southern states did not vote for it, but the rest of the states were enough to reach the 3/4 needed. Not so. In fact, all the former CSA states except for Tennessee did vote for ratification. (Furthermore, if all the old Confederate states had opposed it and all the rest had ratified it, that would not meet the 3/4 threshold required [29 of 37 states at the time]).

So how was it that former states of the Confederacy voted FOR this amendment? Keys:

1) MOST of the former CSA states were being ruled under the "Reconstruction Acts". These ALREADY included provisions for black men to be allowed to vote. Thus blacks were, at the time, voting to send representatives who could then vote for the 15th amendment

2) "One of the provisions of the Reconstruction Acts required that the states include a provision in their new constitutions that included a near-copy of the text of the 15th amendment."
http://www.usconstitution.net/constamnotes.html#Am15

Of course, the sad story of this amendment was that, by the end of the 1870s it had become or was becoming a dead letter across the South through intimidation, poll taxes and other 'legal' and illegal methods of discouraging or preventing blacks from voting. . . and remained so for many decades.
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For the basic history of the amendment's ratification (which took less than a year --from Feb 26, 1869 to Feb 3 or Feb 17, 1870, depending on whether New York's rescinding its 'Yes' vote is accepted) see:
http://15thamendment.harpweek.com/HubPages/CommentaryPage.asp?Commentary=03Ratification

For the exact states to ratify this amendment, listed by date, see:
http://www.nps.gov/archive/malu/documents/amend15.htm

Footnote:
Of the states eligible to vote on it (i.e., states that EXISTED at the time), Tennessee NEVER voted for it and the following voted for it MUCH later:

Delaware, February 12, 1901
Oregon, February 24, 1959
California, April 3, 1962
New York March 30, 1970 (reversed its earlier reversal!)
Governor (?!) of Maryland, May 7, 1973
Kentucky, March 18, 1976

2006-10-21 13:45:00 · answer #1 · answered by bruhaha 7 · 0 0

The 15th Amendment was passed, granting black men the right to vote, on this date in 1870.

2006-10-21 17:35:19 · answer #2 · answered by Anonymous · 0 0

yes, the southern state didn't like it, but they did get i think 3/4 of the state or 2/3 to ratified, and that's all they need

2006-10-21 18:24:42 · answer #3 · answered by no one 2 · 0 0

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