Friday, September 12, 2014
"Protecting Political Participation Through the Voter Qualifications Clause of Article I"
The title of this post comes from this forthcoming article by Professor Franita Tolson, the abstract of which states:
The Voter Qualifications Clause of Article I, Section 2 of the U.S. Constitution makes federal voting rights dependent upon participation in state elections. This Article argues that Article I incorporates both state constitutional law governing the right to vote and the democratic norms that existed within the states at the founding as the basis for determining the qualifications of federal electors. The democratic norms governing political participation can be traced to founding-era state constitutions that preserved the fundamental right of citizens to alter or abolish their governments at will, which was similar to the right of revolution exercised by the colonists against the British during the Revolutionary War. It is this understanding of the right to vote in federal elections, parasitic upon the robustly democratic notion of participation that existed at the state level and enshrined in state constitutional alter or abolish provisions, that the framers of the Constitution endorsed in the Voter Qualifications Clause of Article I. Contrary to this provision, the caselaw has divorced state and federal elections, resulting in excessive judicial deference to state regulations that govern the right to vote. As this Article shows, the Voter Qualifications Clause requires that states aggressively safeguard political participation in order to protect federal voting rights, which suggests that courts should apply a higher level of scrutiny in assessing the constitutionality of state election laws.
The 13th and 14th Amendment came along and then the 15th Amendment -- both in the Reconstruction Era. We must look to what the Framers of those Amendments thought about. Those Amendments give Congress the right to pass legislation to enforce those provisions. The Voting Rights Act passed under LBJ was the clincher. The Supreme Court decision set aside the statute in several ways. The Justices of the Supreme Court need to be removed.
Posted by: BarkinDog | Sep 13, 2014 3:26:33 PM