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Jesse Jackson Jr. Made an Excellent Point about the Constitutional Rights

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AmyCrat Donating Member (721 posts) Send PM | Profile | Ignore Wed Dec-08-04 12:09 PM
Original message
Jesse Jackson Jr. Made an Excellent Point about the Constitutional Rights
to vote.

I'm am dismayed! (And it's time for me to review the constitution again).

According to what he said, there is no inherent federal constitutional right to vote.

How can this be??
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AmyCrat Donating Member (721 posts) Send PM | Profile | Ignore Wed Dec-08-04 12:10 PM
Response to Original message
1. and is it true that Bush v Gore confirmed this???
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nicho Donating Member (97 posts) Send PM | Profile | Ignore Wed Dec-08-04 12:20 PM
Response to Original message
2. there is nothing in the Constitution that states explicitly
the citizens have the right to vote.

the Constitution states that citizens elect representatives. but electors are chosed for the president in accordance with what state legislatures decide.

the 19th amendment, for example, states "the citizens right to vote shall not be denied based on gender...."

so it is inferred, and not stated explicitly.
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Mr.Green93 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-08-04 12:48 PM
Response to Reply #2
8. sex not gender
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Pacifist Patriot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-08-04 12:21 PM
Response to Original message
3. He's right. There is negative language, but no affirmative language.
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zann725 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-09-04 03:31 AM
Response to Reply #3
11. I was thinking, if the problem is Constitutional law vagueness...
could the Case be made under Contract Law instead? That the Constitution is essentially a contract between 'we the people' and our chosen government. That there is an 'implied covenant' (of votes in exchange for chosen representation)...and in turn our payment of taxes for represented issues, and goods (such as Infrastructure repair, school funding, affordable healthcare). There has been a SERIOUS breach of contract in that our governors no longer count our votes, nor represent us in issues important to us...but instead now serve Corporate interests. But they STILL want our tax dollars, in fact count on them...years in advance now. If they have broken their contract (our Constitution) with us, maybe they'd more clearly 'understand' a Class Action lawsuit to 'discuss' their breach of contract with us, and appropriate reparations.
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suston96 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-08-04 12:27 PM
Response to Original message
4. Not expressed?
Edited on Wed Dec-08-04 12:28 PM by suston96
Start with the Fourteenth Amendment:

"Section 2.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State."

Keep going with the Fifteenth, the Nineteenth, the Twenty Fourth, the Twenth Sixth, all specifically mention the "right to vote".

I believe that the right to vote is "expressed" in the Constitution.

I also believe that what is needed, as Jesse Jackson passionately expressed, is a uniform federal, single and detailed system for federal elections with uniform federal ballots, on paper.

We have 3067 counties in the country, each with their own "system".

No wonder it has been so easy to corrupt.

Congress can do that. And much more.
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DARE to HOPE Donating Member (552 posts) Send PM | Profile | Ignore Wed Dec-08-04 12:37 PM
Response to Reply #4
6. Yes!! Let's do that--dock Ohio, Florida, N Carolina and all the states
who prevented their own people from voting!! Great idea!! Each one loses a Congressman, from the guilty party (ie Republican) until this nonsense STOPS!!

Talk about a check on election malfeasance!
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mulethree Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-09-04 01:52 AM
Response to Reply #6
10. What and redistrict around the missing representative?
Seems more practical to snatch a Senator. Besides if it were Wyoming or such small state you would take their only House representation?

Any way this would seem to require a just court - the Supreme court.
They screwed it up pretty bad in 2000.

And courts have decided that seperate but inequal voting technologies (no paper trails) don't violate equal protection.

If we had a just court then, like Jackson alluded, they could find our right to vote expressed just like 'bear arms ' expresses 0.50 caliber sniper rifles and 'free from unreasonable search' expresses random traffic stops.
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Zenlitened Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-08-04 12:33 PM
Response to Original message
5. Perhaps this is a cause the Democrats could champion
Let's introduced a proposal for a constitutional amendment stating that every American citizen has the right to vote upon reaching the age of majority (or something like that).

Obviously, the wording needs to be hashed out. But compare it to the repugs and their "flag burning" amendment. Are they gonna stand up and oppose an amendment enshrining Americans' right to vote?



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mattclearing Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-08-04 12:42 PM
Response to Original message
7. There never has been.
State legislatures select the electors. Generally they do it on the basis of a popular vote. Florida's Republican majority state house was ready to send the Republican electors to the College vote even if the recount went to Gore.
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texpatriot2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-09-04 01:33 AM
Response to Original message
9. I am with you on that AmyCrat I understood him to say that
the rights, written in the negative, were more about protecting from discrimination on the basis or race, gender or age but didn't actually give us the right to vote. How could I just be learning this now? That's not how I remember it being taught to me.
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