It’s time again
“Over the next year, the survival of democracy should be the central issue in American politics,” E.J. Dionne wrote yesterday. But there was more there. Beyond the threat posed by Donald Trump (and his public threats) and Trump judges’ rulings undermining voting rights, enshrining a definitive right to vote in the Constitution via amendment is necessary:
“Why do we let the state put barriers in front of people when they exercise their right to vote?” [Rick] Hasen asked in an interview. The director of UCLA’s Safeguarding Democracy Project, Hasen details his proposed amendment and the case for it in a forthcoming book, “A Real Right to Vote.” A carefully framed amendment, he argues, could simultaneously protect voter access and assure election integrity. He’d link automatic voter registration with a nationwide, universal, nondiscriminatory form of voter identification.
Polarization makes amending the Constitution nearly impossible these days, one reason Hasen addresses fears on both the left and the right. But whatever chances Hasen’s amendment has, it calls on Americans to address the most important question facing our democracy: Are we truly committed to being a democracy? We’ll decide that at the ballot box next November, but we’ll have a lot more work to do even if we get the initial answer right.
“The right of the people to keep and bear Arms” appears but once in the U.S. Constitution. Government providing for the “general welfare” appears twice (and is despised on the right). The right of (specific classes of) people to vote is referenced five times. Guess which one attracts the most attention and lobbying money? But the right of every citizen 21 and older to vote is not definitively spelled out.
The blurb for Hasen’s upcoming book says:
Throughout history, too many Americans have been disenfranchised or faced needless barriers to voting. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress’s ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all.
Drawing on troubling stories of state attempts to disenfranchise military voters, women, African Americans, students, former felons, Native Americans, and others, Richard Hasen argues that American democracy can and should do better in assuring that all eligible voters can cast a meaningful vote that will be fairly counted. He shows how a constitutional right to vote can deescalate voting wars between political parties that lead to endless rounds of litigation and undermine voter confidence in elections, and can safeguard democracy against dangerous attempts at election subversion like the one we witnessed in the aftermath of the 2020 presidential election.
The path to a constitutional amendment is undoubtedly hard, especially in these polarized times. A Real Right to Vote explains what’s in it for conservatives who have resisted voting reform and reveals how the pursuit of an amendment can yield tangible dividends for democracy long before ratification.
It was over 70 years between Seneca Falls and ratification of Amendment XIX. Let’s not let that happen with securing voting rights for all citizens.
FairVote.org argues:
Enshrining an explicit right to vote in the Constitution would guarantee the voting rights of every citizen of voting age, ensure that every vote is counted correctly, and defend against attempts to effectively disenfranchise eligible voters. It would empower Congress to enact minimum electoral standards to guarantee a higher degree of legitimacy, inclusivity, and consistency across the nation, and give our courts the authority to keep politicians in check when they try to game the vote for partisan reasons.
We know by their words and deeds that the GOP no longer believes in democracy, notwithstanding governing decisions decided by voting appears throughout the Constitution. Let them say so for the public record. Draft Hasen’s amendment and let them vote it down again and again, first in the Congress and then in the states. Until democracy wins.
Here’s one draft:
