TAKING (EQUAL VOTING) RIGHTS SERIOUSLY: THE FIFTEENTH AMENDMENT AS CONSTITUTIONAL FOUNDATION, AND THE NEED FOR JUDGES TO REMODEL THEIR APPROACH TO AGE DISCRIMINATION IN POLITICAL RIGHTS

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Abstract

This Essay explores the relationship between twentieth-century voting-discrimination amendments and the Fifteenth Amendment's antidiscrimination groundwork on which these later developments built. In particular, it examines ways in which the Twenty-Sixth Amendment, whose text and ratification conversations tightly track those of the Fifteenth Amendment, has been underimplemented, if not completely ignored, in recent debates and cases that are ever-more crucial to the meaning of political-rights equality under the Constitution. It ends by urging courts to take more seriously the similarities between the Twenty-Sixth and Fifteenth Amendments in adjudicating disputes involving facial or de facto age discrimination in political rights realms.

Original languageEnglish (US)
Pages (from-to)1619-1641
Number of pages23
JournalNotre Dame Law Review
Volume97
Issue number4
StatePublished - 2022

ASJC Scopus subject areas

  • Law

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