Wednesday, June 13, 2012
One Of The Fundamental Articles Of Republican Government
The Constitution does not guarantee Americans the right to vote. That always comes as a surprise to non-lawyers. But you will search the Constitution in vain for any such guarantee, as the Supreme Court cheerily reminded us in Bush v. Gore.
That's not really what Bush v Gore said:
The individual citizen has no federal constitutional right to vote for electors for the President of the United States unless and until the state legislature chooses a statewide election as the means to implement its power to appoint members of the Electoral College. U.S. Const., Art. II, §1.
That very specific Constitutional limitation to the franchise aside, I'd submit that between Amendments 9, 14, 15, 19, 24 and 26, we have a pretty solid basis for a guaranteed right to vote.
TrackBack URL for this entry:
Listed below are links to weblogs that reference One Of The Fundamental Articles Of Republican Government:
ooh, a penumbra.
Posted by: smosh | Jun 14, 2012 12:07:42 AM
Behold my emanations, bitches!
Posted by: NTodd Pritsky | Jun 14, 2012 8:42:18 AM
I shall never forgive the Florida Lege for deciding in 2000 to set aside the popular vote (without really counting it) and exercise its prerogative to substitute its own (GOP-dominated) judgment for the judgment of the people of Florida in choosing the Electors. The Lege was preempted by the (even more GOP-dominated) Supreme Court in Bush v. Gore on 12/12/2000. But they made a lot of permanent, unforgiving enemies that week... I among them.
(Old doggerel... new tricks?)
Posted by: Steve Bates | Jun 14, 2012 11:57:34 PM