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Research Service
The Nineteenth Amendment and Women's
Suffrage Part 2: The Founding Era and the
Civil War
January 13, 2023
This Legal Sidebar is the second in a six-part series that discusses the Nineteenth Amendment to the
Constitution, which recognized women's voting rights. Shortly before Election Day 2022, a group of
people gathered in Rochester, New York, to honor the late social reformer and women's rights activist,
Susan B. Anthony. About 150 years earlier, Anthony cast a ballot in the 1872 presidential election. She
was arrested and charged with illegally voting as a woman in violation of federal law. She unsuccessfully
claimed that the Fourteenth Amendment gave her the right to vote as a privilege of citizenship. A federal
district court imposed a fine of $100 on Anthony, but she never paid it. As the nation marks the 150th
anniversary of Anthony's vote-and the 2020 centennial of the Nineteenth Amendment's ratification-
Congress may be interested in the history and impact of the women's suffrage movement and the
Nineteenth Amendment. Additional information on this topic will be published in the Constitution
Annotated: Analysis and Interpretation of the US Constitution.
As proposed and ratified by men in the late 1780s, the Constitution did not prohibit the states from
establishing gender-based restrictions on voting. From the Founding of the United States in 1776 to the
end of the Civil War in 1865, none of the states consistently recognized a woman's right to vote in federal
or state elections. Several state constitutions in existence at the time of the Founding specifically limited
suffrage to men. Many women faced additional barriers to voting because of coverture, a legal doctrine
derived from English common law. Coverture denied a married woman a separate legal status from her
husband, thereby preventing her from voting.
Although women could not vote in the early 1800s, they actively led and participated in political reform
movements. Female activists, many of whom advocated for the abolition of slavery, increasingly wrote
and gave speeches in support of women's suffrage. In 1848, two of these activists, Elizabeth Cady
Stanton and Lucretia Mott, organized a convention in Seneca Falls, New York, to discuss women's rights.
At this convention of a few hundred women and men, Stanton presented her Declaration of Sentiments,
which was modeled after the U.S. Declaration of Independence. Stanton's Declaration stated that all men
and women are created equal. The Declaration listed various grievances against the government and the
system of coverture, including the denial of women's inalienable right to the elective franchise. One
Congressional Research Service
https://crsreports.congress.gov
LSB10897
CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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