Oregon v. Mitchell

Oregon v. Mitchell
Supreme Court of the United States
Argued October 20, 1970 Decided December 21, 1970
Full case name	Oregon v. Mitchell, Attorney General
Citations	400 U.S. 112 (more) 91 S. Ct. 260; 27 L. Ed. 2d 272; 1970 U.S. LEXIS 1
Holding
Congress may set requirements for voting in federal elections, but is prohibited from setting requirements in state and local elections.
Court membership
Chief Justice Warren E. Burger Associate Justices Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan, Jr Potter Stewart · Byron White Thurgood Marshall · Harry Blackmun
Case opinions
Majority	Black
Concur/dissent	Douglas
Concur/dissent	Harlan
Concur/dissent	Brennan, White, Marshall
Concur/dissent	Stewart, joined by Burger, Blackmun
Laws applied
Necessary and Proper Clause, U.S. Const. art. I § 2 and 4, art. II § 1, Enforcement Clauses of the 14th and 15th Amendments, Voting Rights Act
Superseded by
in part by U.S. Const. amend. XXVI

Oregon v. Mitchell, 400 U.S. 112 (1970), was a case in the USA in which the Supreme Court of the United States held that states could set their own age limits for state elections.

Petitioner Oregon was the U.S. state of that name. Respondent Mitchell was John Mitchell in his role as United States Attorney General. Congress had passed an act requiring all states to register citizens between the ages of 18 and 21 as voters. Oregon did not desire to lower its voting age to 18, and filed suit on the grounds that the act was unconstitutional. The Supreme Court found largely for Oregon, in that it found that while Congress could set requirements for voting in federal elections that it did not have the power to set the voting age for state elections.

Enforcement

Enforcement of this ruling would have proven to be problematic, since states not lowering the voting age to the age of 18 for state elections would have had to provide special federal-election only ballots to citizens between 18 and 20 voting in federal elections. States would have to maintain two sets of voting registries, one for those between the ages of 18 through 20 and another for those 21 and older.

This question became moot with the ratification of the Twenty-sixth Amendment the next year, which lowered the voting age to 18 for all elections in all states.

Though Oregon v. Mitchell affirmed the federal government's power to set a minimum voting age for federal elections, no case has tested whether the federal government possesses the power to prevent states from lowering their voting ages to below 18 for non-federal elections since the federal government has not tried to prohibit states from doing so, nor have any states tried to.

See also

• List of United States Supreme Court cases, volume 400
• United States v. Butler, 297 U.S. 1 (1936)
• Carter v. Carter Coal Co., 298 U.S. 238 (1936)

Further reading

• Cohen, William (1975). "Congressional Power to Interpret Due Process and Equal Protection". Stanford Law Review (Stanford Law Review, Vol. 27, No. 3) 27 (3): 603–620. doi:10.2307/1228329. JSTOR 1228329. 
• Greene, Richard S. (1972). "Congressional Power over the Elective Franchise: The Unconstitutional Phases of Oregon v. Mitchell". Boston University Law Review 52: 505. ISSN 0006-8047. 

External links

Works related to Oregon v. Mitchell at Wikisource