In between grading exams, I’m doing research on the 26th Amendment for my Birch Bayh project. I’m trying to decide if I will write a freestanding article on the 26th Amendment. Jury is still out on that.
Speaking of juries, does the 26th Amendment require states to let 18-21-year olds vote on juries? This issue was discussed in some states after the 26th was ratified, as some then set the minimum jury age as 21. (Today all states and the United States set the minimum at 18.) Akhil Amar is the leading scholar to argue that the 15th and 19th amendments should be understood to apply to juries, as that service also involves voting. Same would be true of the 26th.
Now take this one step further. If you read the 26th Amendment as a ban on age discrimination in voting, then that would also apply to age regulations for jury service. Many states let older people opt-out of jury service simply due to age. That may not be constitutional under the broader reading of the 26th.
UPDATE: Actually, Ohio’s Attorney General issued an opinion shortly after the 26th Amendment was ratified concluding that the minimum age for holding office and serving on juries.