Saturday, February 19, 2005

The Constitution

I said in a previous post that The Constitution does not guarantee the right to vote to anyone. It doesn't. (If I missed it, please tell me where it is.) It does say in serveral places that certain people will not be denied the right to vote. That's a little different from guaranteeing the right to vote.

Let's look at the Amendments dealing with voting:

Amendment 9 Section 2

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But 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 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.

States denying eligible male voters the right to vote will have their representation reduced in proportion to the entire male voting population of that state.

Amendment 15 Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--

Former slaves can't be denied the right to vote. Nor can Asians or American Indians or even (blah!) the French if they are citizens of the US.

Amendment 19

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Women cannot be denied the right to vote because they are women.

Amendment 24 Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

The right to vote cannot be denied because of failure to pay a tax.

Amendment 26 Section 1.

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Eighteen year olds can't be denied the right to vote.

I don't read any of these amendments stating that because you are a citizen of the US and at least 18 years of age you have the right to vote. They simply give the perameters of why you can't be denied the right to vote. I didn't see anywhere in the Constitution where it said that anyone and everyone is allowed to vote.

The Constitution doesn't give felons the right to vote. That's because it doesn't give anyone the right. That's a State's Right issue.

Amendment 10

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

A power not specifically delegated to the Federal government, or prohibited to the States by the Constitution, falls to the state or to the people.

So basically, a citizen of the US, male or female, 18 years of age or older, will not be denied the right to vote. If a person has been convicted of criminal activity may lose their right to vote because of state law. And they may apply to the state, not the Federal government, to have their civil rights restored.

Voting isn't just a right, it's a privilege. And some don't have the privilege or the right.

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