Tuesday, March 06, 2007

So, do we really have a "right" to vote in America?

First, go to this site and read the article fully. Come on, I know he's the big hucksters boy, and kind of a commie jackass, but I've seen him on C-Span talking about this issue, and I think, to a degree, he makes a very good point. Now, lets allow the Rantasaurus Rex to heave himself up on his haunches and give you his understanding of things.

Our political heritage begins in England, about 300 or 400 years ago, where voting was originally considered a privilege. It was a privilege of birth, property and social status. The government also required religious affiliation, thinking that they needed to promote the "true faith" and keep "heretics" from corrupting the society. The right to vote was thought to be so important that it had to be limited to men with property, from the right faith, who had something to lose if political instability developed. It couldn't be left to the poor, because they would shake up the system, out vote every other group in the population, and vote for the first demagogue to offer them a sandwich and a sturdy roof over their head. So, voting standards have always been set up partly to protect the vested interests of one group of people, the establishment, and reformers have always been trying to widen the voting standard to see that those privileges are extended to their group of people. So the fight over voting has spanned the history of Democracy itself.

In this country, huge changes began to happen in the 1800s, when the right to vote began to be extended to poor men. Our system was set up with each state allowed to make the determination for itself. The British colonies had always had their own voting standards for electing local colonial officials, and after the revolution, some newly independent states allowed free Blacks to vote, and one (New Jersey) granted women with property the right to vote when they ratified their original state constitution in 1777. Ben Franklin proposed a universal, national voting standard in the constitutional convention in Philly in 1787, but the States couldn't agree on a common standard. States like Virginia, which still had extensive property qualifications, refused to give them up, and the others refused to accept limits on their more open systems, so the delegates agreed to leave it to the individual states to decide. That's the magic of Federalism; each state doing it's own thing, to a degree. The religious standards of the old days were banished by the first amendment to the national bill of rights, adopted in the 1790s.

So, the system we have now is based on the practice of allowing each state to decide their own voting standard, which allowed each new state, like Tennessee or Kentucky (set up in the 1790s) to open up their standard by getting rid of property qualifications, leaving them with gender, race, residence and age (21 was the age of adulthood everywhere). Of course, it was mostly poor people who went west, and they got rid of property qualifications as they went, reestablishing old institutions on more democratic lines as time went by. Eventually, as the political parties were established, the eastern states were pressured to adopt the more open systems of the west. That's how things went. Different standards led to the adoption of wider standards.

When the political parties began to be set up in the early 1800s, the parties had a vested interest in seeing to it that a level of rights existed to allow them to get as many voters to the polls as they could round up. As poor white men steadily became the dominant voting block, the system changed to reflect their interests and prejudices. Politics went from being a realm of rich men to being a populist game of kissing babies and shaking hands. Rich men had always wanted people in power to be reluctant to have it, so they looked for the ideal of the statesman. This is a major reason why Washington was so revered. But by the 1820s or 30s, guys like Andrew Jackson were the ideal; self made men who had risen up from poverty to become rich land owners and Indian fighters. Poor men looked up to that ideal, and wanted rich guys like Jackson to stand in the muddy street with them, toe to toe, look them eye to eye and embrace them as political equals. people like Jackson, who had no problem doing that, rose to the top. The Federalists couldn't adjust themselves to this changing reality, viewing it as appealing to the passions of the mob, so they slowly became more and more marginalized in the country until they almost completely ceased to exist. The Democrats embraced the change, and steadily turned into the dominant faction/party in the nation.

By the time of the Civil War, the unofficial voting standard in the nation had developed into "universal adult white male suffrage". Black men could still vote in a few New England states, but New Jersey had abolished the right to vote for woman by state statute in about 1787 or 88. Anyone who got in the way of poor white men running everything was disenfranchised or outnumbered and rendered harmless through some official mechanism. Then, in the wake of the war, the 14th and 15th amendments are drafted and passed, granting each citizen at the state level a protection for the privileges and/or immunities of national citizenship, including voting, and an equal protection of the laws of the United States (the due process provision was nullified in a supreme court decision in the 1870s). These protections were originally designed to protect former slaves (now referred to as "Freedmen") from the restriction of their rights by their state governments. But the 20th century will see them extended to all American citizens regardless of "previous condition of servitude", and the late 18th century concept that "the constitution follows the flag" will see them extended to anyone else who falls into our hands (debate still rages on that one).

During Radical Reconstruction, Black men were allowed to register and vote in the south, but there were loopholes in these provisions that allowed states to still control voter registration systems. So eventually, as the Reconstruction system broke down, states could use these loopholes to begin to restrict voting rights by restricting who had the right to register to vote. Grandfather clauses, literacy tests, poll taxes, and other provisions are set up to allow local majorities to protect their own power by restricting other peoples rights to register to vote, and the KKK was always there to deal with anyone who was too persistent in trying. The next time there was a significant challenge to the control Democrats had over southern states came in 1892, when farmers and urban workers joined to set up a third party called the Peoples Party. More people were lynched in the south in that year than in any other year in American history, and miraculously, the Democratic candidate won the national election for President.

By the 1870s, women were gaining the right to vote on a state by state basis. Having been shut out of the 14th and 15th amendments, they began working for their own inclusion, and the "Suffragette" movement got rolling. The new national standards or the 14th and 15th amendments didn't mean that the standards couldn't be expanded. By the time the 19th amendment was ratified in 1920, women had been granted the right to vote in about 6 or 8 western states, including in Texas, where women got the right in 1918.

The next change comes, of course in the Civil Rights Era in the 1950s and 60s. The 24th amendment got rid of the poll tax in 1964, and the Voting Rights Act of 1965 got rid of the other shenanigans that were set up to prohibit the right to register from being exercised. Then, due to Vietnam and the hope that the kids out there would all vote for McGovern in 1972, the Democrats pushed through an amendment lowering the minimum age to 18. Turns out most of the kids didn't bother to vote (and still don't), and those that did mostly voted for Nixon, like their parents. Each state still establishes voting registration requirements, but the feds oversee them and can intervene if the states try to set something up that looks like it's designed to infringe on peoples rights. So, today you do have a "right to vote" so long as you live up to the registration qualifications laid out in your state, overseen by the national government. After all this history, and all these changes, the system is now set up to allow the vast majority of people to go ahead and vote, and yet many of those who are qualified don't even register. Voting has gone from a privilege, to a right, to an option that many people completely blow off.

The points Jackson makes about individual election irregularities are quite valid. Irregularities still take place, and both sides still try to rig things in their favor from time to time, trying to protect what they have or ensure their people a leg up. Elections are human things, and we know what human beings are like. Jackson makes valid points, but what he wants is basically to establish a national standard that says people have a "right" to vote regardless of state provisions. He wants the system of Federalism to be set aside and a centralized national system set up to force every citizen to get a chance to cast a ballot and have every ballot counted, no matter what. So, if you showed up to vote a day after the polls close, they'd have to reopen them so you could vote, because you have a "right" to and they can't stop you from exercising it.

So, elections would never end, or take months and months to decide, as Jackson and his minions go out in buses to round up unregistered homeless, poor or elderly people who have no idea who to vote for, other than who Jackson's people will tell them to vote for. He wants a purely majoritarian system, where all the poor people in the cities and countryside will theoretically join in a new majority to out vote the rest of us, and create his idea of a true democracy. Thing is, He'll need the votes of the rest of us to get it passed, and it ain't happenin'. A purely majoritarian system is NOT what our constitution provides for. They debated such a system in Philly in 1787, and they decided against it. Too much fear of the "mob", and what they might do if empowered. Today, he's got to show me how my life will be bettered by such a change, and I don't think he can.

Personally, I have NO PROBLEM with the idea of keeping the hordes of the unwashed and their ever expanding sense of entitlement from getting their hands fully on our government and tax structure. As a person who regularly votes and pays a good deal of taxes, I can't see why it is that others find it hard to register, or make the trip to the voting booth on time, or fill out their ballot correctly. I don't feel our system is somehow diminished because people who are ether too stupid, too lazy, or too politically cynical to show up and cast their vote don't like the results they get. That's how the system works. Democracy doesn't promise good government, but only the odds of maybe having a better government through the right to participate. Those who participate the most, or the most intelligently, get the most out of it. So, if you can find the line for the government hand-out, don't try to tell me that you can't find the line at the voting booth.

As far as not having an expressly stated "right" to vote is concerned, it's perfectly true. It doesn't say it clearly in there anywhere. We don't have an expressly stated right to privacy ether, but that doesn't stop us from exercising it. Don't tell abortion rights activists we don't have it. They'll tell you otherwise. It doesn't say "one person, one vote" in there anywhere ether, or "separation of church and state". It turns out that much of the constitution is
written ambiguously, and that a lot of our rights (or our perceptions of what our rights are) are based on some judges interpretations of the grey areas in the document, rather than clearly written provisions. That's the way it always been, and there's no getting away from it. I guess we could have a new constitutional convention, but the last time we did that (1787) the delegates closed themselves off from the public and produced a radically different document than the one everyone was expecting. Do you trust our current leaders to do that?

Personally, I'd like to see various new qualifications set up for voting, like a new literacy test, or maybe a higher age requirement. Voting SHOULD be a privilege of citizenship, and people SHOULD have to qualify for it somehow. You have to take a test to drive, for Christs sake. But then, I also think people should have to take a test to qualify to have babies. The last thing we need is to allow the teaming masses to get their hands on our wallets. It's bad enough that we've built our modern political system based on welfare dependency, and that every segment of our society has drunk the Kool Aid and developed it's own sense of entitlement for the benefits it gets (especially the middle-class). It's another thing to down the whole jug of Kool Aid and turn our constitution over to the people who know and care the least about it, or who only care about the system so long as it gives them what they want. Of course, mine is not the popular view, but there you go.

11 comments:

none said...

I hate the idea of people who base their vote soley on getting more of my tax money allocated to themselves

NotClauswitz said...

"Eventually, as the political parties were established, the eastern states were pressured to adopt the more open systems of the west."

This sounds true even today, and is probably one good reason people hate California. It also explains as I see it, 2nd Amendment rights and increasing restrictions as they emerge from the petri-dish on the Left Coast. It’s not just one anti-bill at a time, but multiples all chipping away at various things and providing various amounts of distraction and inanity at many levels driven by MSM broadcasts of Fear, Uncertainty, and Division.
...Like Zumbo...
This is the model for how they (Democrats & Elites)operate here in California, it’s a constant wearing-down approach, and Pelosi, Feinstein, and Boxer are architects of it - they are the heads of the Democrat Central Committee for NorCal and they also choose who runs in State elections.
When weird crap originates here in CA it isn’t always just some stupid fad - it’s also because they actively use CA as a tactical test-case and proving-ground, some stuff is just for testing their slight-of-hand and fakery, others (bills/courts) are practice-runs to check the which way the political winds might blow.

fuzzbert_1999@yahoo.com said...

You have such wide mood swings!

Becky said...

I'm not sure there's a right answer to this one. I see your point, but I'm not sure where I'd draw the line on who I'd feel comfortable with having the vote. But, even though everyone has the right to vote, I'm sure it's the same type of people that take the iniative to get out and actually do it.

FHB said...

hammer - so do I, but that's the way it is. Thing is, most of the money's going to people or institutions that don't really need it. But the pols won't get reelected if they don't pony up, so there you go.

dirtcrasher - Yep, that's the way it seems to go. Boil the frog by slowly turnin' up the heat. One thing at a time.

mushy - Yep, and it ain't the meds. Just built that way I guess. Just now, have Gunsmoke turned down on the TV, and Dusty Springfield blaring on the Rhapsody system while I surf this thing. Multitasking, or just a looney? Wishin' and a hopin'. I spend too much time elbow deep in the system, academically speaking, and it depresses the hell out of me sometimes.

becky - True, no good answer. I'd love to have everyone participate, but I'm afraid of what many of them would do with it. Too many sub cultures within the political culture who seem unconnected with the rest of us and our traditions. Too many people, of every stripe and economic position looking out for themselves. Too many predators out there.

There was a guy named Alexis de Tocqueville back in the day who admired America, but said that as soon as the people realized that they could vote themselves money from the treasury purse, the end would be near. That was about 180 years ago. The purse has been open for about 80. We all lived really well on that wad for a while, but now we've developed a sense of entitlement to the big spending life, but we refuse to pay the bill.

It's as if we think the political culture is self sustaining. Fail to realize that it has to be nurtured or it turns into something else. think we can all drink from the troth without working to refill it. We need some decent leaders. How long has it been?

GUYK said...

Great essay..and you are correct..the ones who founded this great country knew the dangers of democracy and established a representative republic instead. But there have always been a 'free lunch' crowd in the USA..a group known as the 'levelers' wanted the constitution to require that all wealth in the new country be divided up every 10 years so no one would accumulate more than another..damn..sounds like there were democrats even back then..

FHB said...

Hey, thanks for comin' over. Yep, there's been levelers forever. Used to be a good thing. Maybe still is, but everything seems to be overdone these days.

statusquobuster said...

Taking Democracy Seriously

Joel S. Hirschhorn

American: So you mean that if you Australians don’t vote, you get a fine?
Australian: Yeah, and when you Americans don’t vote you get George W. Bush.

As surely as politicians lie, citizen apathy produces democracy atrophy. Much more than a right – in a democracy voting is an irrevocable civic duty. No mental gymnastics can help you jump over this ugly reality: Voter turnout over all American elections averages markedly less than half of eligible voters. This disgrace must be fixed.

These are my proposed solutions: We should make voting mandatory, give voters the option of “none of the above,” make Election Day a national holiday, provide same day registration everywhere, and lower the voting age to 16.

No one reform is a panacea. But together these five reforms can dramatically re-energize voting in America. They could be placed in one constitutional amendment and ratified by the states in time for the 2008 presidential election. Limiting public support, however, is an elitist mindset among people with political power, wealth and intellectual arrogance. They wrongly dismiss large numbers of citizens for their lack of education or political involvement. Electoral reforms can create a culture of voting that ultimately produces a more informed public.

Mandatory Voting

This is not a crazy, radical idea. Hold your reaction on what probably is a new idea for you. Over 30 countries have compulsory voting. Violating the law usually merits something akin to a parking fine, but it still works. When Australia adopted it in 1924 turnouts increased from under 50 percent to a consistent 90-plus percent. Conversely, when the Netherlands eliminated compulsory voting in 1970 voting turnouts plunged from 90 percent to less than 50 percent. Polls regularly show 70 percent to 80 percent of Australians support mandatory voting. Research found that people living in countries with compulsory voting are roughly twice as likely to believe that their government is responsive to the public’s needs and 2.8 times as likely to vote as compared to citizens in countries without compulsory voting. Is compulsory voting inconsistent with personal freedom? No! We have compulsory education, jury duty, and taxes that are more onerous than voting periodically. And all people have to do is turn out to vote. What they do with their secret ballot is up to them.

Counting Dissatisfaction

When people can officially say with their ballot that none of the candidates is acceptable, it makes compulsory voting more palatable. In turn, it can increase voting for ballot initiatives and measures. And it is better than lesser-evil voting that has become all too common, because of the two-party duopoly’s stranglehold on our political system. It is beats so-called “Mickey Mouse” voting, whereby people write in frivolous names. Nevada offers the None of the Above option, though the candidate with the greatest number of votes wins. Yet protest votes are counted, sending a message to parties and politicians.

Election Day Holiday

Standing in a long line to vote often loses out to being at work or doing other things typical of work and school days. Long commute times add to peoples’ time poverty. On a holiday, voting would be more evenly spread out throughout the day and could be held at more places. It would be easier to recruit the best qualified poll workers and government costs would be reduced because of shorter hours. A national holiday also sends an important message: Voting is critically important and something to be celebrated. Opinion surveys have found that 60 percent or more favor making Election Day a holiday. The National Commission on Federal Election Reform made a strong case for this action. Like others, the commission backed moving Veterans’ Day to coincide with Election Day. The holiday might be called Veterans’ Democracy Election Day. Most Western democracies hold elections on either holidays or weekends. In Puerto Rico people are given the day off and voter turnouts are typically over 80 percent. Early and absentee voting attack some problems. But a national holiday that celebrates the sacred duty of voting by all eligible voters makes more sense. Voting should become more of a social, community activity, bringing Americans together, rather than something done as quickly as possible to get it over with.

Same Day Registration

At least 30 percent of eligible voters do not vote because they are not registered. It makes no sense to make registration onerous. It should be done automatically once voter rolls are established and once citizens show up the first time to vote and present residence and citizenship qualifications, as required. Same day registration has been used successfully in some states for about 30 years. Minnesota, Maine, New Hampshire, Idaho, Wisconsin, Montana, Connecticut, and Wyoming use this approach. North Dakota abandoned registration entirely in 1951. Five of these states have the highest voter turnout in the country. When Montana used it for the first time in 2006, voter turnout jumped from the usual 50 percent to 70 percent. With more same day registration it is appropriate to have more safeguards against all forms of voter fraud, especially registering non-citizens.

Youthful Citizens

We place no upper age restriction on voting, even though some elderly people have reduced mental capabilities, and are often taken advantage of by get-out-the-vote efforts of the two major parties. Our political system is deciding the future for our younger citizens. On fairness alone, balancing a large over-50 voting bloc with younger citizens is justified. Youths age 16 to 18 pay substantial taxes, are often treated as adults in criminal cases, have definite interests impacted by public policy, and in some states can marry and obtain a driver’s license. Being in high school is an advantage, because there is more stability and time to build a habit of voting. Considering our Information Age, lowering the age to 16 makes perfect sense. What happens between ages 16 and 18 to make younger citizens more qualified to vote? Nothing. There is a movement to register 16 year olds, but making them wait until 18 to vote is plain silly. New, younger voters can help make voting a patriotic family activity on the new national holiday.

Countries using this lower age include Brazil, Cuba, Nicaragua, and the Isle of Man, and movements for doing so are strong in Britain, Canada and many more. In Germany, a greater proportion of 16 and 17 year-olds voted than those aged 18 to 35 – and twice as many as those in their later 20s – in municipal elections in Hanover. In local elections in Vienna, Austria, 59 percent of 16- to 18-year-olds cast a ballot, about the same as other age groups. Rather than starting wars to spread democracy, America could lead a global surge in voter entitlement. This is what populism is all about.

A Constitutional Necessity

Voting is the heart of a healthy democracy. With our persistent low voter turnout, the heart of American democracy is barely beating. The decline of American democracy is both a cause and consequence of low voter turnout. Low voter turnout makes a mockery of representative democracy. Most politicians get elected with – at best – not much more than 25 percent of eligible voters. This may explain why bought-and-paid-for politicians mostly represent corporate and other special interests. Hefty political contributions by less than 1 percent of adults trump voting.

Face facts. Incremental and piecemeal attempts at electoral reforms have failed. Why? Because those in power do not want across-the-board high voter turnout. Shame on them. And shame on us for letting Democrats and Republicans get away with using costly means to get out their base supporters. This perpetuates divisive partisan politics that entertain and anger Americans rather than serve them – 70 percent of whom are centrists.

Now is the time for one bold constitutional amendment that can grab public attention and move the nation forward. If Congress is too cowardly to propose the amendment, then we need two-thirds of state legislatures to request an Article V Convention for this purpose; to learn more about this never-used constitutional right go to www.foavc.org.

Let us begin by urging members of Congress and 2008 presidential candidates to take a public stand on electoral reforms. Will Democrats and Republicans walk the talk of cooperation for the good of the nation?

Abraham Lincoln spoke of government "of the people, by the people and for the people.” If you really believe in these words, then speak out to increase voter turnout to resuscitate America’s half-dead democracy.

[Check out the author’s new book at www.delusionaldemocracy.com.]

NotClauswitz said...

I was gonna say a return to property ownership as a prerequisite - because renters around here keep boosting my taxes and making me pay for their damn kids' schools and THAT money only goes to the Unions to fund more stupid-stuff and junkets. The Public Employees Union basically dictates to the Stupidslature in Sacramento what goes on in CA.

FHB said...

stausquobuster up there makes a classic error, thinking that conservatives only succeed because too few poor people or young people show up to vote (thinking that they would naturally be more liberal). Turns out that many poor or young folks are quite conservative, and that pols of non voters regularly show that results wouldn't change much if non voters showed up.

FHB said...

And low voter turnout is not just an American phenominon. It's an issue in all old, stable democracies. Nations like Australia tax you if you don't show up, and get 90% turnout, but they've got a conservative government too.