The amendment is a good description of what the solution should look like though, however attained
Last week Rep. Jackson of Illinois published an editorial suggesting we need a constitutional amendment establishing a national right to vote.
Last week, Rep. Jesse Jackson Jr., D-Il., introduced House Joint Resolution 28 with 54 original co-sponsors. The Jackson amendment would reverse the Supreme Court's ruling in Bush v. Gore that the citizen has no constitutional right to vote. Currently, voting is a state right, and all 3,067 counties in the 50 states have different rules about who votes and how. The congressman says it's time to make voting a citizenship right.
I remember that ruling and it annoyed the hell out of me, but I wasn't as nuts then as I am now. I got time to read up on it this morning.
The
text of the amendment isn't real complicated.
Mr. JACKSON of Illinois introduced the following joint resolution; which was referred to the Committee on the JudiciaryJOINT RESOLUTION
Proposing an amendment to the Constitution of the United States regarding the right to vote.Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:
Article --
SECTION 1. All citizens of the United States, who are eighteen years of age or older, shall have the right to vote in any public election held in the jurisdiction in which the citizen resides. The right to vote shall not be denied or abridged by the United States, any State, or any other public or private person or entity, except that the United States or any State may establish regulations narrowly tailored to produce efficient and honest elections.SECTION 2. Each State shall administer public elections in the State in accordance with election performance standards established by the Congress. The Congress shall reconsider such election performance standards at least once every four years to determine if higher standards should be established to reflect improvements in methods and practices regarding the administration of elections.
SECTION 3. Each State shall provide any eligible voter the opportunity to register and vote on the day of any public election.
SECTION 4. Each State and the District constituting the seat of Government of the United States shall establish and abide by rules for appointing its respective number of Electors. Such rules shall provide for the appointment of Electors on the day designated by the Congress for holding an election for President and Vice President and shall ensure that each Elector votes for the candidate for President and Vice President who received a majority of the popular vote in the State or District.
SECTION 5. The Congress shall have power to enforce this article by appropriate legislation.'.
The inevitable state's rights argument against it can be dismissed by consideration of Article I, Section 5 of the U.S. Constitution.
Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
That clause isn't just supporting the various Voting Rights Acts. It's the reason you can elect your Senators instead of having them appointed by your state legislature.
The Constitution has such nice, clear language...
Anyway, it seems it was always the Founding Father's intent to allow the voting process to be reviewed and updated when necessary. What Rep. Jackson wants to do is establish a constitutional floor...a limit to what Congress and the states can do to your ability to vote. It is a good idea...but most constitutional amendments just sort of peter out and drift away. They're REALLY hard to pass and this one has as much chance of passing without an exception for ex-felons (which it SHOULD be missing) and the original Constitution had of passing without a slavery compromise.
