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Up until 1971, the age of majority - the moment in time a person becomes an adult under law - wasn't 18. It was 21, as many states took the age of majority from English Common Law which had used that age.
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The result of this common law influence was the voting age for federal elections in the United States was 21 years of age. Therefore, many states made this the age of majority. In other words, we decided whether or not you were legally an adult by whether you could vote. /2
However, the age for compulsory military service (and voluntary military service) had long been 18 in the United States (although 16 was considered enough for enlistment at times in the past).
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FDR actually had lowered the draft age during WW2 from 21 to 18 to get more men in service. This started a long discussion in that we were now drafting people too young to vote or have legal rights to fight and die. /4
This resulted in a debate over the proper age of majority, and some states began independently implementing laws saying "If you're old enough to fight, you're old enough to vote."
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However Congress did not, and in 1970 SCOTUS affirmed Congress's right to maintain a 21 voting age federally in Oregon v. Mitchell.
At this time, the 60's and 70's, there was a little thing called Vietnam going on, and a massive draft. /6
At this time, the 60's and 70's, there was a little thing called Vietnam going on, and a massive draft. /6
The fact that the draft predominantly took young people below the federal voting age, combined with the competing forces of civil movements, and with the support of WW2 veterans led to a demand for a constitutional amendment to address this unfairness. /7
The growing demand led to the 26th Amendment, with the full support of Richard Nixon (building off of the prior support of Dwight Eisenhower), and in March 1971 the 26th Amendment lowering the federal voting age to 18 was passed by Congress and quickly ratified by the states. /8
With the federal voting age now at 18, states which had not amended their age of majority previously quickly followed suit to do so (though the age of majority is not 18 even today in all US states).
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So, in essence, here's the gist:
The age of majority has nothing to do with social competence, intelligence, or development of a person. It is based off of the dropping of the draft age in WW2 to get more bodies in uniform to be shot.
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The age of majority has nothing to do with social competence, intelligence, or development of a person. It is based off of the dropping of the draft age in WW2 to get more bodies in uniform to be shot.
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And, rightfully, a demand that if people aged 18 be expected to die for their country, they should have the ability to determine its course.
This has been your Badger Law Fact of the day.
This has been your Badger Law Fact of the day.
