Minor v. Happersett
88 U.S. (21 Wall.) 162 (1874)
Constitutional Topic Areas:
14th Amendment ‘Equal Protection Clause’, 14th Amendment ‘Privileges and Immunities Clause’, Federalism
Case Facts:
In 1872, Virginia Minor attempted to register to vote for the 1872 presidential election in her state of Missouri. Upon her attempt at registering, state registrar Happersett denied her registration on the grounds that voting was restricted to male citizens only. Minor then sued Happersett through her husband, as women were not considered legal persons under law. Minor’s suit argued that voting rights protections applied to women under the 14th amendment’s privileges and immunities clause.
Questions:
1. Are women citizens of the United States?
2. Do US citizens have the right to vote under the 14th amendment’s Privileges and Immunities Clause?
Holding:
1. Yes
2. No
Legal Reasoning: Chief Justice M. Waite (Unanimous)
1. The Framers of the Constitution did not intend for all citizens to have the ability to vote as it is not specifically enumerated in the Constitution
2. The 14th amendment did not add suffrage as a right under its Privileges and Immunities Clause, nor did the Constitution enumerate suffrage as a right to citizens
3. The 15th amendment would not have been adopted if the 14th amendment had included suffrage as a right to all citizens
Significance:
Minor affirms that the 14th Amendment does not protect the right to vote. Furthermore, the case also affirmed state’s rights to determine which citizens are eligible to vote, as well as upholding gender based discrimination in voting. The court emphasized the subject of state’s rights in voting rights, rather than addressing gender based inequality. Minor stopped suffragists attempting to gain voting rights by litigation, specifically through 14th amendment equal protection claims
Reflection:
It is worth considering the potential bias in the courts opinion, as all justices are white, property owning men who can all vote. The unanimous ruling strongly affirms state’s right to manage voting requirements and voter rolls independently. Overall, Minor weakened the power of the federal government
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