Skip to main content

View Diary: I Know You Think You Have a Constitutional Right to Vote - But You Really Don't. (160 comments)

Comment Preferences

  •  I don't agree (1+ / 0-)
    Recommended by:
    The Dude 415

    that there isn't already a constitutional right to vote.  Just look at the 15th Amendment.  However, in answer to your question, Congress could simply pass a law conferring voting rights to everyone and it would be constitutional until the courts decided it isn't.  There isn't a court in the land the would have leg to stand on in trying to strike the law down since the entire constitution contemplates a representative government and the only way to accomplish that is through voting.

    •  I agree (1+ / 0-)
      Recommended by:
      Happy Ones

      with the points that the part of the Constitution guaranteeing a Republican form of government, as well as the 15th (and don't forget the 19th) amendments all imply a right to vote.

      The problem is, since it's not explicitly stated, it's too easy to argue that said right does not, in fact, exist.

      It's kind of the same with the "right to privacy" thing.  There's a compelling argument to be made that the 4th amendment (and to a lesser extent the 3rd, I suppose) imply a right to privacy, but if it's not officially there, there will always be people who insist it doesn't exist.

      •  You make some excellent points (1+ / 0-)
        Recommended by:
        The Dude 415

        but I would argue that the difference with the "right to privacy" issue/ 4th Amendment (which has been gutted in favor of law enforcement) and the right to vote is that with the "right to privacy" there is balancing test between the individuals right and society at large.  I can understand that test (obviously not some of the rulings that come down), but I can't see it ever being applied to a universal right to vote.  Only a partisan political argument could be made that some folks don't have a guaranteed right to vote because they don't vote for us.  I don't think that would fly and in the alternative if those folks did vote for the people making the argument that there is no universal right to vote the issue would never be raised.

        •  Hadn't thought of that, but you're right. (1+ / 0-)
          Recommended by:
          Happy Ones

          My overall point, though, was that while I agree with you that the right to vote is most certainly implied in the Constitution in multiple places, arguing that from a legal standpoint seems problematic to me, because there's always some asshole like Scalia who can say that, well, but the Constitution doesn't specifically say that we have the right to vote.  And they'd technically be right.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site