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The Fundamental Right You Don't Have
by Dean Reese
Originally posted to BNN 3/12/2005
Last week, Rep. Jesse Jackson Jr., introduced House Joint Resolution 28. The Jackson amendment provide a constitutional right to vote.
Jackson has said:
The United States stands virtually alone on denying constitutional protection of the right to vote. 108 of the 119 democratic nations in the world have a right to vote in their Constitution—including the Afghan Constitution and the interim Iraqi Constitution. The United States is one of only 11 that do not. As we assist other nations in implementing democracy, we must also turn the mirror on ourselves and examine what we are doing, what rights we are protecting.
Voting is currently a state right. Meaning, a right defined and protected by each state—and limited to that state. When it comes to voting, each of the 50 states, and each 3,067 counties and more than 12,000 different election jurisdictions, all separate and all unequal, having potentially different rules. Each can individually set voting policies and procedures. Included are ballot design, voter eligibility, what voting equipment is used, polling hours, how to count provisional ballots and what ID requirements are needed.
As we have witnessed during the past election, there was inconsistency in counting, issues with voting machines and voters who should be able to vote are turned away while those that shouldn't be allowed to vote did indeed vote. For example, more than a million votes in the 2004 election were discarded. Election officials claim most of those were from unregistered voters. The key word in most. Why is this not a conclusive answer?
Additionally, in many states anyone once convicted of a felony cannot vote. The people of Puerto Rico, Guam and the Virgin Islands can be drafted into the military but are unable to vote for the President of the United States.
Rep. Jackson believes that it is time for that to change. Rep. Jackson believes the answer is simple:
The U.S. Constitution does not contain a right to vote, and therefore Congress fails to establish enforceable uniform standards or a unitary voting system. While it is true that the Constitution does protect against voter discrimination based on race, sex or age and prohibits the use poll taxes or literacy tests, it does not explicitly guarantee that U.S. citizens have a right to vote.
In as much as I cannot necessarily agree with felons being eligible to vote, I do agree the system needs to be fixed. In each and every state the rules need to be consistent. Without standardized policy and procedure, it will become more difficult to count on any election being accurate.
In as much as it pains me, I have to agree with Rep. Jackson, voting is the foundation of our great country. Voting needs to be a right like any other of the same stature.
Cross Posted on The Blue Glow Worm
Dean Reese blogs at The Blue Glow Worm.
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