“Promises Not Yet Recognized”: Enshrine The Right To Vote In The Constitution
Flags flew at half mast, schoolchildren recited the “Gettysburg Address” and for a few hours on April 15, America paused to remember that a century and a half ago this country lost its 16th president to an assassin’s bullet.
Now, Americans can finish with the pause and begin to fully honor Lincoln.
The place of beginning is with an embrace of the work of reconstruction that was imagined when Lincoln lived but that is not—even now—complete.
President Obama proclaimed April 15 as a National Day of Remembrance for President Abraham Lincoln, declaring, “Today, we reflect on the extraordinary progress he made possible, and with one voice, we rededicate ourselves to the work of ensuring a Government of the people, by the people, for the people, shall not perish from the earth.”
Obama was right to focus on Lincoln’s great preachment on behalf of American democracy. It directs our attention toward the mission to which small “d” democrats of all partisanships and ideologies must rededicate ourselves.
One hundred and fifty years after the moment when a still young country saw the end of a Civil War and the assassination of a president, the events of April 1865 continue to shape and challenge the American experience.
With Lincoln’s death, an inept and wrongheaded vice president, Andrew Johnson, succeeded to the presidency. Had it been left to Johnson, who vetoed the Civil Rights Act of 1866, the progress extending from the great sacrifices of the Civil War would have been imperiled. But the rough outlines for securing the victory were not left to a president. They were enshrined in the US Constitution.
Three amendments to the founding document were enacted during the five-year period from 1865 to 1870. These “Reconstruction Amendments”were transformational statements—even if their promise has yet to be fully recognized or realized.
The first of the amendments addressed the great failure of the founding moment: a “compromise” that recognized—and effectively permitted—human bondage.
The Thirteenth Amendment to the Constitution affirmed that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Those words confronted the indefensible “Three-Fifths Compromise,” which was outlined in Article 1, Section 2, Paragraph 3 of the Constitution as it was framed in 1787. That paragraph did not speak specifically of slavery, but instead referred to two groups of Americans: “the whole Number of free Persons” and “all other Persons.”
The 13th Amendment was an essential step toward an official embrace of Thomas Jefferson’s “immortal declaration”of 1776—that “all men are created equal.”
But it was not enough.
To the 13th Amendment of 1865 was added the Fourteenth Amendment of 1868, which confirmed that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The 14th Amendment, remarkable in its clarity and detail, provided for due process and equal protection under the law.
But it was not enough.
To the Thirteenth Amendment of 1865 and the Fourteenth Amendment of 1868 was added the 15th Amendment of 1870, which avowed that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”
Congress was given the power to enforce these articles by appropriate legislation.
But that was still not enough, as became obvious with the collapse of Reconstruction and the establishment of “Jim Crow” segregation in states that had been part of the Confederacy. With these ruptures came overt discrimination against voting rights.
It took more than a century of litigation, boycotts, protests and marches to restore the promise of equal protection and voting rights.
But that was not enough.
Despite the protections delineated in the Civil Rights Act of 1964 and the Voting Rights Act of 1965, as well as the Twenty-Fourth Amendment to the Constitution (which in 1964 formally banned poll taxes), headlines remind us that the right to vote is “still threatened.” The US Supreme Court has mangled the Voting Rights Act, and the Congress has failed to repair the damage done. The Brennan Center for Justice has determined that at least 83 restrictive bills were introduced in 29 states where legislatures had floor activity in 2014, including proposals to require a photo ID, make voter registration more difficult, reduce early voting opportunities, and make it harder for students to vote.
“The stark and simple truth is this—the right to vote is threatened today—in a way that it has not been since the Voting Rights Act became law nearly five decades ago,” said President Obama.
The great American process of forming a more perfect union is far from complete. The events of 150 years ago were not the end of anything. They were a pivot point that took the United States in a better direction. But the was incomplete, and insufficient to establish justice. So the process continues.
That is why Congressmen Mark Pocan, D-Wisconsin, and Keith Ellison, D-Minnesota, have proposed to amend the Constitution to declare clearly and unequivocally that
“SECTION 1: Every citizen of the United States, who is of legal voting age, shall have the fundamental right to vote in any public election held in the jurisdiction in which the citizen resides.
“SECTION 2: Congress shall have the power to enforce and implement this article by appropriate legislation.”
The Pocan-Ellison amendment will not, in and of itself, form a more perfect union. But it provides a tool for those who understand that we best honor our history by recognizing unmet promises—and seeking, finally, to keep them.
“A core principle of our democracy is the ability for citizens to participate in the election of their representatives,” explains Pocan. “We have seen constant attempts by some states to erode voting rights and make it harder for citizens to vote. This amendment would affirm the principle of equal participation in our democracy for every citizen. As the world’s leading democracy, we must guarantee the right to vote for all.”
By: John Nichols, The Nation, April 16, 2015
“The Framers Distrusted The Corporate Form”: Toxic Law; How Corporate Power And ‘Religious Freedom’ Threaten Democracy
Corporations from Apple and Angie’s List to Walmart and Wells Fargo exercised their power last week against laws that give aid and comfort to bigots. But don’t be too quick to praise their actions.
Commendable as these corporate gestures were, they also illustrate how America is morphing from a democratic republic into a state where corporations set the political agenda, thanks to a major mistake by Democrats in Congress. What they did has resulted in Supreme Court decisions that would infuriate the framers of our Constitution.
The framers distrusted the corporate form. And they made plain their concerns about concentrations of economic power and resulting inequality, worrying that this would doom our experiment with self-governance. Surely they would be appalled at the exercise of corporate influence last week. For the companies opposing “religious freedom” laws in Arkansas and Indiana were concerned with human rights only in the context of profit maximization, which is what economic theory says corporations are about.
Where are the corporate actions against police violence? Or unequal enforcement of the tax laws, under which workers get fully taxed and corporations literally profit off the tax laws? Or gender pay discrimination? And when have you heard of corporations objecting to secret settlements in cases adjudicated in the taxpayer-financed courts, especially when those settlements unknowingly put others at risk?
The so-called religious freedom restoration statutes in Arkansas, Indiana and 18 other states reflect a growing misunderstanding of the reasons that American law allows corporations to exist, a misunderstanding that infects a majority on our Supreme Court.
Corporations, which have ancient roots, serve valuable purposes that tend to make all of us better off. We benefit from corporations, but they must be servants, not masters.
Confining corporations to the purposes of limiting liability and creating wealth is central to protecting our liberties, as none other than Adam Smith warned 239 years ago in The Wealth of Nations, the first book to explain market economics and capitalism.
There is no fundamental right to create, own or operate any business entity that is a separate person from its owners and managers. Corporations exist only at the grace of legislators.
But in 21st-century America, corporations are increasingly acquiring the rights of people, which is the product of an unfortunate 1993 law championed by Democrats that now helps bigots assert a Constitutional right to discriminate in the public square.
Concern about corporations and concentrated power that diminishes individual liberties has become increasingly relevant since 2005, when John Glover Roberts Jr. was sworn in as chief justice of the United States.
Roberts and other justices who assert a strong philosophical allegiance to the framers’ views have been expanding corporate power in ways that would shock the consciences of the founders — especially James Madison, the primary author of our Constitution, Thomas Jefferson and John Adams.
In 2010, the Supreme Court ruled that corporations could spend unlimited sums influencing elections in the Citizens United decision. Now, as a practical matter, no one can become a Democratic or Republican nominee for president without the support of corporate America.
And, central to the Arkansas and Indiana legislation, the Supreme Court last year imbued privately held corporations with religious rights in the Hobby Lobby case.
The Roberts court invented all of these rights. Principled conservatives should denounce such decisions as “judicial activism,” yet nary a word of such criticism appears in right-wing columns and opinion magazines.
Today’s corporations have their roots in ancient trusts created to protect widows and orphans who inherited property. Hammurabi’s Code provided for an early version of trusts. Later the Romans created proto-corporations to manage public property and the assets of those appointed to oversee the far realms of the empire.
Managers of these early corporations had very limited authority, what the law calls agency, over the assets entrusted to them. Today, corporate managers have vast powers to buy, sell and deploy the assets they manage. They can do anything that is legal and demonstrates reasonable judgment.
Spending money to elect politicians (or pass anti-consumer laws) is perfectly fine under current law if it advances the profit-making interests of the company. Last week, we saw companies denounce bigotry against LGBTQ people, but of course they did so in terms of protecting their profits.
Walmart, the nation’s largest employer, opposed signing the Arkansas bill into law: “Every day in our stores, we see firsthand the benefits diversity and inclusion have on our associates, customers and communities we serve.” Apple CEO Tim Cook said, “America’s business community recognized a long time ago that discrimination, in all its forms, is bad for business.”
But creating efficient vehicles to create wealth by engaging in business does not require political powers, as none other than Supreme Court Justice William Rehnquist noted in a dissent.
Where we have gone furthest astray under the Roberts court is in last year’s Hobby Lobby decision. It imbued privately held corporations with rights under the First Amendment, which says, in part, “Congress shall create no law respecting the establishment of religion or prohibiting the free exercise thereof.” Based on Hobby Lobby, both the Arkansas and Indiana laws were crafted to provide a defense for bigoted actions by businesses.
Yet laws requiring businesses to serve everyone, without regard to their identity, do not inhibit the free exercise of religion. A law that requires a florist or bakery to serve people in same-sex weddings as well as different-sex weddings may trouble the merchant, but it does not inhibit religious activity.
The corporate power on display in the so-called religious freedom restoration cases stems from a Supreme Court case that upheld the doctrine of laws of general applicability.
In 1990, the Supreme Court held that Oregon jobless benefits were properly denied to two Native Americans who worked at a drug rehab facility and who also, as part of their well-established religious practice, ingested peyote, a controlled substance.
Justice Antonin Scalia, who claims to follow the original intent of the Constitution’s drafters, wrote the opinion. He held that “the right of free exercise does not relieve an individual of the obligation to comply with a ‘valid and neutral law of general applicability’” such as denying jobless benefits to drug users.
Scalia cited an 1879 Supreme Court ruling in a test case known as Reynolds in which a Brigham Young associate asserted that federal laws against polygamy interfered with the “free exercise” of the Mormon brand of Christianity.
In that case, as Scalia noted, the high court had rejected the claim that criminal laws against polygamy could not be constitutionally applied to those whose religion commanded the practice. “To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself,” the conservative justice wrote.
Two years later, Congress undid that sound decision with passage of the Religious Freedom Restoration Act, a sloppily crafted bill introduced by then-Rep. Chuck Schumer (D- NY), and championed in the Senate by another Democrat, the late Ted Kennedy (D-MA).
It was this law, undoing Scalia’s sound Supreme Court decision, which enabled corporations to exercise their power for a particular cause that is in their interest, namely ending bigotry. Such actions may be laudable, yet still dangerous.
Corporations are valuable and useful vehicles for creating wealth. But they are not and never should be political and religious actors. As artificial “persons,” they should not be imbued with political or religious rights.
We need to keep corporations in their place. Otherwise, next time, their profit maximization may work against your liberties.
By: David Cay Johnston, The National Memo, April 4, 2015
“The Supreme Court’s Extreme Faith”: The Menendez Case Proves The Supreme Court Was Naive About Campaign Finance Laws
No cameras are allowed inside the main Supreme Court chamber, but on Wednesday, a group of activists—for the second time this year—evaded tight security controls and snuck one in to record themselves causing disorder in the court. Their goal: Decry two of the court’s most controversial rulings on campaign finance, Citizens United v. FEC and McCutcheon v. FEC, which have paved the way for powerful donors and corporations to influence elections.
“Justices, is it not your duty to protect our right to self-government?” a protester is heard yelling in a video posted on YouTube. “Reverse McCutcheon. Overturn Citizens United. One person, one vote.” Court police escorted her out, followed by other protesters, including a man chanting, “We who believe in freedom shall not rest.”
Chief Justice John Roberts was not impressed. SCOTUSblog’s Lyle Denniston, one of the few reporters at the scene, noted he grew impatient and later said, “Oh please,” on top of threatening contempt sanctions against the protesters.
Say what you will of the activists’ stunt or the chief’s reaction—because really, no protest in the world will ever overturn a Supreme Court precedent. But consider what Roberts himself proclaimed in McCutcheon, which turned one year old today: “Spending large sums of money in connection with elections, but not in connection with an effort to control the exercise of an officeholder’s duties, does not give rise to quid pro quo corruption. Nor does the possibility that an individual who spends large sums may garner influence over or access to elected officials.”
McCutcheon invalidated something very specific—the limit on the total amount a person can give to all federal candidates during a two-year election cycle—but Roberts didn’t stop there. Time and again he kept singling out blatant quid pro quo arrangements as the only thing Congress could regulate. Not so with meager attempts to “prevent corruption” or curbing “the appearance of mere influence and access.” Those things aren’t as big a deal under the Constitution. Only tit-for-tat corruption is.
Compare that to the other case the protesters targeted, 2010’s Citizens United, a ruling as grand as it was shocking for the dearth of evidence on which it rested: “We now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” The court went on: “The appearance of influence or access … will not cause the electorate to lose faith in our democratic order.”
But it turns out corruption, appearances, and influence-peddling are all at the crux of federal charges against New Jersey Senator Bob Menendez. He was indicted Wednesday on several counts of bribery and other offenses, stemming from an allegedly cozy relationship with Salomon Melgen, a Florida ophthalmologist and longtime friend who is accused of giving lavish gifts to the senator. These included a trip to a luxury hotel in Paris, a stay at an upscale villa in the Dominican Republic, contributions to a legal-defense fund, and more than $1 million in donations to various political action groups supporting Democratic candidates—all in exchange for political favors for Melgen, his business interests, and his numerous girlfriends.
Whether these salacious allegations stick or lead to some kind of plea deal will soon be decided; Menendez pled “not guilty” on all charges Thursday. But a sizeable contribution listed in the indictment calls into question the Supreme Court’s extreme faith that large sums of money not directly given to a candidate fail to amount to corruption.
According to prosecutors, Melgen, through his own company, contributed $600,000 to a political action committee aimed at helping Democrats retain control of the Senate. That’s all well and good under Citizens United,except Melgen allegedly earmarked the money so it went directly to the Menendez re-election campaign. That’s also kosher under campaign regulations, except the indictment alleges Menendez “sought and received” the donation—comprised of two checks for $300,000 each, sent to the super PAC in exchange for Menendez’s assistance in resolving a Medicare-related dispute. Interestingly, the indictment notes that Melgen cut one of the checks on the same day he attended an annual fundraiser Menendez hosted.
The legal process will determine the extent to which the alleged favors and contributions are related. But even if they weren’t and the case went away, the Menendez indictment undermines the Supreme Court’s facile conclusion that merely spending large sums of money—absent a clear showing of quid pro quo—isn’t enough to prove that corruption has taken hold. Or the notion that the mere appearance of influence and access to elected leaders fails to be an interest compelling enough to require strong campaign-finance laws—the kind that governs how big donors and big money behave each election cycle.
Chief Justice Roberts may not be too pleased with the recent protests and security breaches at the Supreme Court, but the Menendez case opens the door for some introspection on how recent campaign-finance rulings are reshaping who calls the shots in our democratic order.
By: Cristian Farias, The New Republic, April 2, 2015
“A Rare Victory For Black Voting Rights In The South”: SCOTUS, Individual Majority-Minority Districts Were Racially Gerrymandered
In 2010, Republicans gained control of the Alabama legislature for the first time in 136 years. The redistricting maps drawn by Republicans following the 2010 election preserved the thirty-five majority-minority districts in the Alabama legislature—represented overwhelmingly by black Democrats—and in some cases actually increased the number of minority voters in those districts.
For example, State Senator Quinton Ross, a black Democrat elected in 2002, represented a district in Montgomery that was 72 percent African-American before the redistricting process. His district was under-populated by 16,000 people, so the Alabama legislature moved 14,806 African-Americans and thirty-six whites into his seat. The new district was now over 75 percent black and excluded white neighborhoods that were previously in Ross’s district.
Republicans claimed they were merely complying with the Voting Rights Act. Black Democrats challenged the redistricting maps as an unconstitutional racial gerrymander and took the case to the Supreme Court. Today the Court, in a 5-4 decision written by Justice Breyer, sided with the black plaintiffs and ordered a district court in Alabama to reexamine whether specific districts, like Ross’s, were improperly drawn with race as the predominant factor. The decision was released, interestingly enough, on the same day as the fiftieth anniversary of the march from Selma to Montgomery.
“The record indicates that plaintiffs’ evidence and arguments embody the claim that individual majority-minority districts were racially gerrymandered, and those are the districts that the District Court must reconsider,” Breyer wrote. Section 5 of the Voting Rights Act (which the Supreme Court gutted in 2013, in another case from Alabama) did not compel the legislature to preserve the exact number of minority voters in a given district or inflate those numbers. “Section 5 does not require a covered jurisdiction to maintain a particular numerical minority percentage. It requires the jurisdiction to maintain a minority’s ability to elect a preferred candidate of choice,” Breyer said. The court’s majority—joined by Justice Kennedy—sympathized with the plaintiffs’ claim that Alabama’s interpretation of the VRA may “harm the very minority voters that Acts such as the Voting Rights Act sought to help.”
Justices Scalia and Thomas dissented. “We have somehow arrived at a place where the parties agree that Alabama’s legislative districts should be fine-tuned to achieve some ‘optimal’ result with respect to black voting power; the only disagreement is about what percentage of blacks should be placed in those optimized districts. This is nothing more than a fight over the ‘best’ racial quota,” wrote Thomas.
The ruling could have important ramifications, since the strategy followed by Alabama Republicans—packing minority voters into heavily Democratic seats in order to weaken white Democrats—was replicated throughout the South after the 2010 elections. I wrote about this trend in a 2012 feature for The Nation, “How the GOP Is Resegregating the South”:
In virtually every state in the South, at the Congressional and state level, Republicans—to protect and expand their gains in 2010—have increased the number of minority voters in majority-minority districts represented overwhelmingly by black Democrats while diluting the minority vote in swing or crossover districts held by white Democrats. “What’s uniform across the South is that Republicans are using race as a central basis in drawing districts for partisan advantage,” says Anita Earls, a prominent civil rights lawyer and executive director of the Durham-based Southern Coalition for Social Justice. “The bigger picture is to ultimately make the Democratic Party in the South be represented only by people of color.”
White Democrats have become the biggest casualty of the GOP’s new Southern strategy. As Jason Zengerle wrote in The New Republic, “Prior to the 2010 election, the Alabama House had sixty Democratic members, 34 of them white and 26 black. Afterward, there were 36 Democrats—ten white, 26 black. Meanwhile, in the Alabama Senate, the number of black Democrats remained seven, while the number of white Democrats fell from 13 to four.” After the 2014 election, there are now only seven white Democrats in the Alabama legislature—one in the Senate and six in the House.
There are no longer any white Democrats from the Deep South in Congress, following the defeat of Georgia Congressman John Barrow in 2014. Georgia Republicans moved 41,000 black Democrats out of his Savannah-based district to make him more vulnerable to a Republican challenge.
The elimination of white Democrats has also crippled the political aspirations of black Democrats. For years, black Democrats served in the majority with white Democrats in state legislatures across the South. Today Republicans control every legislative body in the South except for the Kentucky House. Before the 1994 elections, 99.5 percent of black Democrats served in the majority in Southern state legislatures. After the 2010 election, that number dropped to 4.8 percent, according to the Joint Center for Political and Economic Studies. “Black voters and elected officials have less influence now than at any time since the civil rights era,” the report found.
In the 1990s, some black Democrats formed an “unholy alliance” with white Republicans to create new majority-minority districts in the South. Republicans supported these districts for black Democrats in select urban and rural areas in exchange for an increased GOP presence elsewhere, especially in fast-growing metropolitan suburbs. With Democrats grouped in fewer areas, Republicans found it easier to target white Democrats for extinction.
But that unholy alliance ended after 2010, when black Democrats across the South, like Georgia Senate minority leader Stacey Abrams, denounced the GOP’s redistricting strategy. They found it especially ironic that Republicans were using the VRA as a rationale for marginalizing black voters while at the same time pushing the Supreme Court to gut the most important part of the VRA—the requirement that states with the worst history of voting discrimination, like Alabama, clear their voting changes with the federal government.
Even though Southern states like Alabama no longer have to have their redistricting maps approved by the federal government, the Court’s decision today could open the door for additional challenges to GOP-drawn racial gerrymanders in states like Virginia and North Carolina. “Today’s Alabama decision gives these challengers a new tool, making it harder for states to use compliance with the Voting Rights Act as a pretext to secure partisan advantage,” writes Rick Hasen.
It’s a modest victory, but perhaps the best that can be expected from the current Supreme Court.
By: Ari Berman, The Nation, March 26, 2015
“Should Voting Be A Choice?”: Voter Non-Participation Is A Giant Pimple On The Face Of American Democracy
President Obama gave a rather unusual answer to a question about money in politics during an event in Cleveland this week. His antidote for the burgeoning influence of fat stacks of Supreme Court-sanctioned cash on elections was fairly simple: make everyone vote.
“If everybody voted, then it would completely change the political map in this country,” he said, adding that voting was mandatory in other countries. Universal participation would “counteract money more than anything.”
He might have a point.
Voter participation–or, more accurately, non-participation–is a giant pimple on the face of American democracy, one that the U.S. been unable to pop since the 1960s.
Every two years, an average of 56 percent of eligible voters (PDF) participate in their own self-governance, weighed heavily towards presidential contests. Midterms usually draw around 40 percent, putting 2014’s dismal effort only slightly below average.
Line that up next to other industrialized democracies and it’s not pretty. Great Britain usually gets around three quarters of its population to the polls in national elections.
Greece, the birthplace of democracy and modern geopolitical punchline, gets 86 percent. Australia’s citizens turn out in droves, averaging a 95 percent turnout down under.
How do the Aussies do it? Quite simply, they make their citizens vote–or at least show up.
They are forced to register, forced to appear at a polling station on Election Day, and forced to at least make a mark on the ballot paper. By law, they don’t actually have to choose a candidate or party, but you’d imagine the phrase “might as well” applies here.
Australia, cited by the president in his Wednesday remarks, is not the only country with compulsory voting, and not the only one to see strong turnout. Argentina has it, and usually sees around 85 percent participation. Brazil does too, and usually turns out at a rate around 80 percent. All of these are enforced compulsory systems: that is, there is a penalty (normally a fine) if a citizen cannot reasonably explain why they did not vote.
Now, none of those three are examples of ideal democratic outcomes at present, but at least they have robust participation. The United States faces a formidable participation gap, partly because, quite frankly, not enough people care.
But the U.S. has also been doing all the wrong things, policy-wise, for decades.
Rather than make it easier to vote, lawmakers here have been putting up barriers to participation.
New York and Ohio eliminated same-day voter registration in 1965 and 1977 respectively. According to political scientist Marjorie Random Hershey, turnout dropped by 7 percent in the subsequent elections and between 3 and 5 percent over the longer term (PDF). Many states have imposed early closing dates for registration, and if there were no closing date (in other words, same-day registration), some experts “estimate that…turnout would increase by 6.1 percent” across the nation. Early voting has also been scaled back in a number of states, including Ohio and North Carolina, where 7 in 10 black Americans vote early.
Then there are Voter ID laws, passed to combat the largely mythical phenomenon known as voter fraud.
To start, voter fraud does not exist in any significant sense. Out of the 197 million votes cast in federal elections between 2000 and 2005, only 26 (yes, twenty-six) votes eventually resulted in convictions for voter fraud. That is .00000013 percent, and it indicates that no one committing voter fraud could have affected any federal election in any way during that time.
Yet eight states have strict photo ID requirements to vote, and a further six have strict non-photo ID policies. And these policies can suppress the vote.
Hershey’s study cites Vercellotti and Anderson’s (2006), which found that “non-photo and photo ID rules were associated with lower turnout in 2004, in the range of 3 to 4 percent.” Laws enacted in Kansas and Tennessee dropped turnout by 2 percent between 2008 and 2012, according to the non-partisan Government Accountability Office. Texas’s policies, some of the most restrictive in the nation, were also heavily scrutinized after the 2014 election.
All of these figures are across the demographic board, leaving aside that these policies have been accused of being partisan and discriminatory, disproportionately affecting minorities and the socioeconomically disadvantaged.
Voter ID is just the latest in a long line of counterproductive policies when it comes to the ballot box. The suppression numbers associated are not huge, but there is a pile-on effect.
That’s because the decision to vote is an economic one. There’s an element of civic duty or pride, sure, but the individual essentially conducts a cost–benefit analysis with regard to how they spend their time and money. The more obstacles that are put in the way of voter participation, from restricting early voting to banning voting out-of-district to requiring IDs (which cost time and money to procure), the higher the opportunity cost and the fewer people will vote.
The end result is that the laws and regulations governing voting in some states are thoroughly undemocratic.
Thankfully, though, the U.S. is not some sort of uniformly hopeless electoral dystopia. Some states are making progress. Oregon, along with more recent converts Washington and Colorado (the Civic-Minded Stoner Bloc) has conducted all mail-in voting for years. All enjoyed turnouts of 64 percent turnout or higher in 2012, well above the national average, with Colorado at 71 percent.
This week, Oregon crossed into new territory in its efforts to get out the vote. Under the new policy, all eligible voters will be registered automatically unless they opt out. Now the Oregon secretary of state’s office will mail all voting-age citizens a ballot 20 days before any election. They need only send it back with a few marks of a pen.
Oregon’s is a step in the right direction, emphasizing ease of voting over mandates. Compulsory voting does not hold all the answers–though some political scientists credit it with as much as double-digit gains in turnout percentage–and there are other ways to avoid ghastly-looking turnout numbers. After all, Britain and Greece are doing just fine without it. Belgium, where mandatory voting policies have not been enforced since 2003, averages 90 percent turnout.
Though it would likely bring more people to the polls, it’s not immediately clear how, as the president says, mandatory voting would combat money’s influence on American politics. Maybe he’s hoping that the few people whose lives aren’t consumed by political advertisements in the run-up to Election Day–that is, who don’t own a TV or computer–would show up. Maybe his roots in community organizing tell him there’s strength in numbers, that there’s power to be found in the kind of mass participation by informed citizens that is simply lacking today.
By: Jack Holmes, The Daily Beast, March 20, 2015
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