Scholars Weigh in on Whether there is Already a Right to Vote in the U.S. Constitution

Politifact Wisconsin has this interesting set of quotes from various election law experts, when each of those experts was asked if the U.S. Constitution protects the right to vote. However, none of them mention that the U.S. Constitution obviously does not guarantee all U.S. adult citizens the right to vote, because if it did, adult U.S. citizens who live in the overseas territories and the District of Columbia would have voting representatives in Congress. Thanks to Rick Hasen for the link.


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Scholars Weigh in on Whether there is Already a Right to Vote in the U.S. Constitution — No Comments

  1. The basis of you having voting representation in Congress is not because you are a United States citizen, but rather because you are a California citizen.

  2. “Right to vote” could simply mean “right to vote in all elections available to you.” For instance, under New York State law, I cannot vote for a Mayor because I live in a town, not a city. (I am registered in NYS though I attend school in CT) I cannot vote for Mayor of my town because there is no such office. Even if a “right to vote” amendment passed, that would presumably not force New York State to change its constitution so towns have mayors, just so I could vote for a Mayor.

    Likewise, residents of Washington, DC do not vote for a Governor, because no such position exists. They vote for a City Mayor, but unlike residents of states and other territories, they do not also elect a Governor. There is no such position. “Right to vote” would not create a Governor of Washington, DC just because everyone else votes for one.

    In Connecticut, there is an elected position called Selectman. In New York, there is no such position. If a “right to vote” amendment passed, or if a “right to vote” is already guaranteed, that still does not mean New Yorkers can vote for selectman, because no such office exists in their state.

    So, when it comes to Senators and voting Representatives in Congress, if the position does not exist in your state, you do not have a “right to vote” for it. “Right to vote” means right to vote for all elected offices in your jurisdiction. Not right to vote for all offices which are elected by anyone anywhere.

  3. Rep. Const Art. I, Sec. 2, para. 1
    Sens. Const 17 Amdt, para. 1

    Other – 14th Amdt, Sec. 2 – males.

    Other negative/positive stuff in 15 Amdt, 19 Amdt, 23 Amdt, 24 Amdt, 26 Amdt.

    I.E. being an Elector (for an office) = Right to Vote for candidates for that office.

    Too many brain dead New Age folks to count — esp. SCOTUS MORONS.

    That said – Uniform definition of Elector in ALL of the USA now via a const. amdt.

  4. Consent of the Governed

    “Section 6. That elections of members to serve as representatives of the people, in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the public good.”

    Virginia Declaration of Rights, June, 1776
    Authored by George Mason, mentor to Jefferson and Madison

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