Tuesday, April 29, 2008

Another reason for a constitutional amendment

Yesterday, the Supreme Court said it was okay to require a photo ID to vote. Never mind that this amounts to a poll tax. Government issued IDs are not free, and indeed many legitimate citizens do not have current valid IDs. It's an obtrusive hurdle addressing a non-existent problem.

I'm not a legal scholar and I won't say the Supreme Court got the constitutionality question wrong. (Though, I do take some comfort that my favorite Justices did dissent: Souter, Ginsburg, and Breyer. My man, Justice Stevens, let me down by being the main author of the controlling opinion.) I'm disappointed all the same.

Part of the problem is that there is no constitutional right to vote. There are constitutional protections against sex-based and race-based discrimination at the polls, and the poll tax and literacy tests are now out the window. But there is no constitutional guarantee to the right to vote.

We need an amendment to change that. And while we're at it, let's reform the electoral college and nationalize federal elections. The rules around federal elections (Congress and the President) should be the same in each state. While we're at it, we may as well address some other issues surrounding eligibility for the White House, moving election day to the weekend, and giving Washington, DC congressional representation.

Proposed 28th Amendment to the Constitution:
1. The President and the Vice President of the United States shall be elected by the plurality of the popular vote of the citizens of the United States as long as the plurality is greater than 35 percent of the total vote. The result of the presidential vote shall be certified by Congress on the 20th day of December of the election year. Should no candidate for President or Vice President receive more than 35 percent of the total vote, Congress shall make the selection by majority vote from the three candidates with the most popular votes before the 31st day of December of the election year.
2. An election for the President and Vice President shall be held in United States Territories for eligible citizens to vote in the popular election.
3. The right of citizens the age of 18 years and older to vote shall not be abridged.
4. Congress shall be vested with the authority to administer and regulate federal elections free of interference with the Executive.
5. Election for federal office shall occur on the first Saturday and Sunday of November in the election year.
6. A naturalized citizen who has been a citizen of the United States for at least 14 years and has resided within the United States for at least 14 years shall be eligible to hold the office of the President or Vice President.
7. The District constituting the seat of Government of the United States shall have representation in Congress as if it were a state: Two Senators and at least but not limited to one Representative, subject to enumeration with the States.

Let's make it happen!

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