The Constitutional remedy for voter suppression

      Since the U.S. Supreme Court struck down key provisions of the Voting Rights Act, some of the Republican-controlled state governments are going all-out to find ways of discouraging voting, especially by people in categories likely to vote Democratic.

There is a remedy for this already in the Constitution.  The Fourteenth Amendment states that when adults not convicted of a crime are denied the right to vote, then that state’s congressional representation should be diminished accordingly.  Here is the wording.

…When the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial Officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of such representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

This by the way is the only provision of the Constitution that makes a distinction between the rights of men and the rights of women.  Susan B. Anthony objected to it for this reason, and she quarreled with her good friend Frederick Douglass for supporting it.  All this was resolved by the Nineteenth Amendment, stating that the right to vote cannot be abridged on account of sex.

This provision was never enforced.  In the years from 1880 to 1960, voter suppression in the South was much worse than it is now.  The laws and policies that kept black people from voting also kept poor white people from voting.  Fewer people voted in the 1928 presidential election in the 12 states of the former Confederacy than voted just in New York state; if this provision had been taken seriously, these states would have had less representation in Congress than New York.

I doubt the Roberts Supreme Court would be willing enforce it now.  Still, it would be interesting to see what would happen if voter suppression increases and somebody files a lawsuit.

LINKS

North Carolina Passes the Country’s Worst Voter Suppression Law by Ari Berman for The Nation.

12 Very Real Voter Suppression Techniques Experts Now Worry Will Come Back by Emily Badger in The Atlantic Monthly.

Congressmen Propose Constitutional Amendment to Block Voting Rights Challenges by Hunter Walker for Talking Points Memo.  The proposed amendment would create an affirmative right to vote.  I think this is already done in the Fourteenth Amendment, but this would remove any ambiguity.

2008-10-12-foreclosevote

Click on Candorville for more Darrin Bell cartoons.

Tags: , , , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.


%d bloggers like this: