The Lodge Bill of 1890, also referred to as the Federal Elections Bill or by critics as the Lodge Force Bill, was a proposed bill to ensure the security of elections for U.S. Representatives. It was drafted and proposed by Representative Henry Cabot Lodge of Massachusetts and sponsored in the Senate by George Frisbie Hoar with the endorsement of President Benjamin Harrison and all Republicans. The bill provided for the federal regulation of elections to the United States House of Representatives, which had heretofore been regulated by state governments. In particular, the bill would have permitted federal circuit courts (upon a petition by 500 citizens from any district) to appoint federal supervisors for congressional elections. Supervisors would have the power to attend elections, inspect registration lists, verify doubtful voter information, administer oaths to challenged voters, stop illegal immigrants from voting, and certify the vote count. [1] Perhaps most controversially, the supervisor would have the power to request Deputy United States Marshals to secure elections by force if deemed necessary.
The bill was created primarily to enforce the ability of blacks, predominantly Republican at the time, to vote in the Southern United States, as provided for in the constitution. The Fifteenth Amendment already formally guaranteed that right, but white southern Democrats had passed laws restricting voter registration and instituting electoral requirements, such as requiring payment of poll taxes and literacy tests (often waived if the prospective voter's grandfather had been a registered voter, the "grandfather clause"), that effectively prevented blacks from voting. That year Mississippi passed a new constitution that disfranchised most blacks, and other states would soon follow the "Mississippi plan".
After passing the House by just six votes, [2] the Lodge bill was successfully filibustered by Democrats in the Senate, with little action by the President of the Senate, Vice President Levi P. Morton, because Silver Republicans in the West traded it away for Southern support of the Sherman Silver Purchase Act and Northern Republicans traded it away for Southern support of the McKinley Tariff. [3] [4]
The 15th Amendment to the US Constitution states: “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” [5] Its purpose was to acknowledge African American men’s voting rights. [6] After the passage of the 15th Amendment in 1870, African Americans were subjected to voting restrictions in certain states. Disenfranchisement of African Americans came in various forms, such as poll taxes, literacy tests, white primaries, and grandfather clauses.
Julius Caesar Chappelle (1852–1904) was among the earliest black Republican legislators in the northern United States, representing Boston and serving from 1883–1886. In 1890, Chappelle gave a political speech for the right of blacks to vote at an "enthusiastic" meeting at Boston's Faneuil Hall to support the federal elections bill. He was featured in a front page article in The New York Age newspaper covering his support of the Lodge bill. [7]
The Republican Party's commitment to African-American rights had already been declining since Reconstruction ended in 1877, and the 1890 Lodge Bill proved to be the last relic of the Republican commitment to civil rights. [8] The NAACP wrote to Lodge in 1919 to ask him to again draft a voting rights bill, but Lodge never responded, as Lodge and other Republicans were more focused on women's suffrage, World War I and the Spanish flu epidemic. [9] By 1919, and even more so by the following decade, the Republican Party had changed so much that they were actually usually to the right of the Democratic Party on economic issues; Lodge himself was known as one of the most conservative Republicans in the Senate, the leading opponent to the League of Nations, and one of the nation's leading nativists. [10]
The Lodge Bill was a precursor of the various Civil Rights legislation that followed. The bill's failure led to an increase in voter suppression until Congress passed the Voting Rights Act of 1965, which was signed into law by President Lyndon B. Johnson.
The Voting Rights Act outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests. [11] It stated that "jurisdictions covered by these special provisions could not implement any change affecting voting until the Attorney General or the United States District Court for the District of Columbia determined that the change did not have a discriminatory purpose and would not have a discriminatory effect. In addition, the Attorney General could designate a county covered by these special provisions for the appointment of a federal examiner to review the qualifications of persons who wanted to register to vote. Further, in those counties where a federal examiner was serving, the Attorney General could request that federal observers monitor activities within the county's polling place. [12]
The Fifteenth Amendment to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act sought to secure the right to vote for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country. The National Archives and Records Administration stated: "The Voting Rights Act of 1965 was the most significant statutory change in the relationship between the federal and state governments in the area of voting since the Reconstruction period following the Civil War".
The Twenty-third Amendment to the United States Constitution extends the right to participate in presidential elections to the District of Columbia. The amendment grants to the district electors in the Electoral College, as though it were a state, though the district can never have more electors than the least-populous state. How the electors are appointed is to be determined by Congress. The Twenty-third Amendment was proposed by the 86th Congress on June 16, 1960; it was ratified by the requisite number of states on March 29, 1961.
The Twenty-fourth Amendment of the United States Constitution prohibits both Congress and the states from requiring the payment of a poll tax or any other tax to vote in federal elections. The amendment was proposed by Congress to the states on August 27, 1962, and was ratified by the states on January 23, 1964.
A grandfather clause, also known as grandfather policy, grandfathering, or being grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited, as it may extend for a set time, or it may be lost under certain circumstances; for example, a grandfathered power plant might be exempt from new, more restrictive pollution laws, but the exception may be revoked and the new rules would apply if the plant were expanded. Often, such a provision is used as a compromise or out of practicality, to allow new rules to be enacted without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied.
From the first United States Congress in 1789 through the 116th Congress in 2020, 162 African Americans served in Congress. Meanwhile, the total number of all individuals who have served in Congress over that period is 12,348. Between 1789 and 2020, 152 have served in the House of Representatives, nine have served in the Senate, and one has served in both chambers. Voting members have totaled 156, while six others have served as delegates. Party membership has been 131 Democrats and 31 Republicans. While 13 members founded the Congressional Black Caucus in 1971 during the 92nd Congress, in the 116th Congress (2019-2020), 56 served, with 54 Democrats and two Republicans.
Voting rights, specifically enfranchisement and disenfranchisement of different groups, have been a moral and political issue throughout United States history.
The Civil Rights Act of 1957 was the first federal civil rights legislation passed by the United States Congress since the Civil Rights Act of 1875. The bill was passed by the 85th United States Congress and signed into law by President Dwight D. Eisenhower on September 9, 1957.
Smith v. Allwright, 321 U.S. 649 (1944), was a landmark decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. It overturned the Texas state law that authorized parties to set their internal rules, including the use of white primaries. The court ruled that it was unconstitutional for the state to delegate its authority over elections to parties in order to allow discrimination to be practiced. This ruling affected all other states where the party used the white primary rule.
The Mississippi Plan of 1874–1875 was developed by white Southern Democrats as part of the white insurgency during the Reconstruction era in the Southern United States. It was devised by the Democratic Party in that state to overthrow the Republican Party in Mississippi by means of organized threats of violence and voter suppression against African American citizens and white Republican supporters. Democrats sought to regain political control of the state legislature and governor's office 'peaceably if we can, forcibly if we must.' Their justifications were articulated on a basis of discontent with governor Adelbert Ames' Republican administration, including spurious charges of corruption and high taxes. However, the violence that followed was centred on the desire to return white supremacy to the state. The success of the campaign led to similar plans being adopted by white Democrats in South Carolina and other majority-black states across the South.
The Civil Rights Act of 1960 is a United States federal law that established federal inspection of local voter registration polls and introduced penalties for anyone who obstructed someone's attempt to register to vote. It dealt primarily with discriminatory laws and practices in the segregated South, by which African-Americans and Tejanos had been effectively disenfranchised since the late 19th and start of the 20th century. This was the fifth Civil Rights Act to be enacted in United States history. Over an 85-year period, it was preceded only by the Civil Rights Act of 1957, whose shortcomings largely influenced its creation. This law served to more effectively enforce what was set forth in the 1957 act through eliminating certain loopholes in it, and to establish additional provisions. Aside from addressing voting rights, the Civil Rights Act of 1960 also imposed criminal penalties for obstruction of court orders to limit resistance to the Supreme Court's school desegregation decisions, arranged for free education for military members' children, and banned the act of fleeing to avoid prosecution for property damage. The Civil Rights Act of 1960 was signed into law by President Dwight D. Eisenhower.
The Constitution of Mississippi is the primary organizing law for the U.S. state of Mississippi delineating the duties, powers, structures, and functions of the state government. Mississippi's original constitution was adopted at a constitutional convention held at Washington, Mississippi in advance of the western portion of the territory's admission to the Union in 1817. The current state constitution was adopted in 1890 following the reconstruction period. It has been amended and updated 100 times in since its adoption in 1890, with some sections being changed or repealed altogether. The most recent modification to the constitution occurred in November 2020, when Section 140 was amended, and Sections 141-143 were repealed.
Williams v. Mississippi, 170 U.S. 213 (1898), is a United States Supreme Court case that reviewed provisions of the 1890 Mississippi constitution and its statutes that set requirements for voter registration, including poll tax, literacy tests, the grandfather clause, and the requirement that only registered voters could serve on juries. The plaintiff, Henry Williams, claimed that Mississippi's voting laws were upheld with the intent to disenfranchise African Americans, thus violating the Fourteenth Amendment. The U.S. Supreme Court did not find discrimination in the state's laws because, even though the laws made discrimination possible, the laws themselves did not discriminate against African Americans. The court found that any discrimination toward African Americans was performed by the administrative officers enforcing the law and that there was no judicial remedy for this kind of discrimination.
The Reconstruction Amendments, or the Civil War Amendments, are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870. The amendments were a part of the implementation of the Reconstruction of the American South which occurred after the Civil War.
Henry Plummer Cheatham was an educator, farmer and politician, elected as a Republican member of the United States House of Representatives from 1889 to 1893 from North Carolina. He was one of only five African Americans elected to Congress from the South in the Jim Crow era of the last decade of the nineteenth century, as disfranchisement reduced black voting. After that, no African Americans would be elected from the South until 1972 and none from North Carolina until 1992.
White primaries were primary elections held in the Southern United States in which only white voters were permitted to participate. Statewide white primaries were established by the state Democratic Party units or by state legislatures in South Carolina (1896), Florida (1902), Mississippi and Alabama, Texas (1905), Louisiana and Arkansas (1906), and Georgia (1900). Since winning the Democratic primary in the South at the time almost always meant winning the general election, barring black and other minority voters meant they were in essence disenfranchised. Southern states also passed laws and constitutions with provisions to raise barriers to voter registration, completing disenfranchisement from 1890 to 1908 in all states of the former Confederacy.
Disfranchisement after the Reconstruction era in the United States, especially in the Southern United States, was based on a series of laws, new constitutions, and practices in the South that were deliberately used to prevent black citizens from registering to vote and voting. These measures were enacted by the former Confederate states at the turn of the 20th century. Efforts were also made in Maryland, Kentucky, and Oklahoma. Their actions were designed to thwart the objective of the Fifteenth Amendment to the United States Constitution, ratified in 1870, which prohibited states from depriving voters of their voting rights based on race. The laws were frequently written in ways to be ostensibly non-racial on paper, but were implemented in ways that selectively suppressed black voters apart from other voters.
The 1916 United States Senate election in Massachusetts was held on November 7, 1916. Republican incumbent Henry Cabot Lodge defeated Democratic Mayor of Boston John F. Fitzgerald to win election to a fifth term.
Shelby County v. Holder, 570 U.S. 529 (2013), is a landmark decision of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and subsection (b) of Section 4, which contains the coverage formula that determines which jurisdictions are subject to preclearance based on their histories of racial discrimination in voting.