Twenty-fourth Amendment

Date: 1964

Description: Amendment to the U.S. Constitution that eliminated the poll tax as a qualification for voting in federal elections.

Significance: Although the incidence of poll taxes was declining by the time of its enactment, the Twenty-fourth Amendment banned such taxes in primaries and federal elections and gave Congress power to enforce the amendment through legislation.

Poll taxes, taxes that had to be paid before a person could vote, had been used to disenfranchise African Americans in the South since the mid-1800’s. In Breedlove v. Suttles (1937), the Supreme Court upheld a Georgia poll tax despite a challenge based on the equal protection and privileges and immunities clauses of the Fourteenth Amendment.

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Through the enactment of the Twenty-fourth Amendment in 1964, Congress prohibited the use of poll taxes in federal elections. Virginia passed a statute that sought to circumvent the new amendment by offering voters the choice of either paying the tax or filing a certificate of residence six months before the election; however, the Court struck down this law in Harman v. Forssenius (1965) because it penalized those who chose to exercise a right already guaranteed by the amendment.

In Harper v. Virginia State Board of Elections (1966), the Court outlawed the poll tax as a voting requirement in state and local elections. Justice Hugo L. Black, the only remaining member of the Court that had rendered the 1937 decision, dissented.