Issues of Concern

I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. Corporations have been enthroned, an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people, until the wealth of the nation is aggregated in a few hands, and the Republic is destroyed.

Abraham Lincoln
[ after the passage of the National Banking Act of 1863-
the forerunner of the Federal Reserve Act of 1913.]

A Missing Foundation for Democracy:
The Right to Vote

By Jeff Milchen
October, 2004

As October voter registration deadlines passed in several “swing states,” many election officials are reporting record numbers of newly registered voters -- a tribute to the success of massive registration drives by a wide range of groups. While increased participation is an entirely healthy trend, the oft-used message to “exercise your right to vote,” may perpetuate a harmful illusion.
Why? The “right to vote” in America is a myth.

Let me explain. Yes, the 15th, 19th, and 26th Amendments to our Constitution refer to a right to vote in the course of prohibiting voting discrimination based on one's race, sex, or (adult) age. The trouble is, those protections are hollow because governments may disenfranchise (strip of voting privileges) all citizens, so long as it is done without bias.

While numerous electoral reforms have been debated since the 2000 presidential election debacle, we need to establish a long-neglected foundation of democracy -- one that already exists in at least 135 nations -- by amending our Constitution to establish an affirmative right to vote and to have our votes count equally. By securing a right to vote as an inherent right of citizenship, numerous other crucial reforms will be more achievable.

For example, a right to vote would have armed Florida residents to fight victimization by state officials who purged legally registered citizens (most of them Black and/or Hispanic) from the voter rolls. Presently any state has the power to refuse or ignore our votes in presidential elections, and as Florida's legislature asserted in 2000, any state legislature may simply choose electors with no voter input whatsoever.

A right to vote would enable citizens to challenge anti-democratic structures that routinely prevent citizens in several states from enjoying a choice other than Democrats or Republicans. For example, Georgia has institutionalized two-party dominance with no outside competition by requiring independent or "third party" candidates for U.S. Representative to gather signatures from five percent of registered voters, a feat that no person has accomplished in 40 years.

While we lack an affirmative right to vote, state officials can and do permanently disenfranchise a citizen for a past felony, even after a sentence is served. Offenses that are misdemeanors in some states are used to deny voting rights in others. Virginia, for instance, strips citizens of voting privileges for life simply for possessing a certain quantity of marijuana. Regardless of one's position on drug offenses, we should recognize that blocking ex-offenders from political participation undermines the process of re-integrating persons into society as productive, engaged citizens.

Then there's the perennial case of Washington D.C. residents, who lack voting representation in Congress entirely. Just months before the Supreme Court decided the 2000 election in Bush v. Gore, a majority of the justices ruled that the nearly 600,000 residents of Washington D.C. have no legal recourse for their lack of representation. In that case, Alexander v. Mineta, the Court majority stated explicitly that our Constitution "does not protect the right of all citizens to vote, but rather the right of all qualified citizens to vote."
Though Washington D.C. residents outnumber those of some states and pay taxes like the rest of us, they have no say in the federal laws under which they must live. Because District residents vote overwhelmingly democratic, their status is held hostage by partisan politics.

Those who think the Supreme Court could rectify such injustice through a more generous interpretation of our Constitution might wait a long time. In Bush v. Gore the majority reinforced the idea that "the individual citizen has no federal constitutional right to vote..." Although their statement refers to electoral votes for the presidency, it reinforces the reality that voting is a privilege granted at the discretion of those in power.

Though some may consider the legal reasoning in that decision dubious, the Supreme Court is not to blame when it comes to voting rights; the justices have interpreted our Constitution correctly. It is the job of citizens to demand an amendment that will guarantee what American University law professor and Right to Vote Amendment advocate Jamin Raskin calls "the right of the people to vote and, therefore, to govern."

While most Americans assume universal suffrage to be a struggle already won, a Constitutional right to vote is the next vital step toward realizing the goal of one person, one vote.

Jeff Milchen directs ReclaimDemocracy.orgResources

Read draft language for amending the Constitution, as introduced by U.S. Representative Jesse Jackson Jr. (D-Illinois).
• Endorse the Right to Vote Amendment
• A slightly older version of this article is available in Spanish: El derecho a votar.
• Our friends at the Center for Voting and Democracy have many more excellent resources on this issue.  
• So what is the Voting Rights Act?
• For an in-depth analysis of the impacts of ex-felon disenfranchisement, see The Truly Disenfranchised by Manza, Uggen and Britton (pdf).
See our Political Transformation page for more on electoral reforms and links to other key organizations addressing these issues.



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