What Right to Vote? Exposing the Non-Existence of a Fundamental Right
In Bush v. Gore (2000), the U.S. Supreme Court stopped Florida's recount process as a violation of the Equal Protection clause, resulting in a victory for Texas Governor George W. Bush. The Court's legal reasoning did not deter the public's sense that our right to vote - at least in the sense of getting it counted - was not secure. To appease voters, federal legislators would have to take that rare and reluctant step to interfere in state voting administration, a power both traditionally and, for the most part, constitutionally delegated to states and localities. Congress responded to the Florida 2000 debacle with the Help America Vote Act (HAVA) of 2002, a piece of legislation now often dubbed havoc due to its unintended consequences which have arguably worked to suppress voting rights. Although vote manipulation is nothing new in U.S. politics - indeed, such manipulation may be a defining element of U.S. elections - a synthesis and analysis of the history of U.S. electoral institutions reveals a rather disturbing discovery: there is no discernable, definitive outright right to vote in the U.S., and there never has been
Year of publication: |
2010
|
---|---|
Authors: | Snickars, Eric |
Publisher: |
[2010]: [S.l.] : SSRN |
Subject: | Grundrecht | Fundamental right | Theorie | Theory | EU-Staaten | EU countries | Wahlverhalten | Voting behaviour | Menschenrechte | Human rights |
Description of contents: | Abstract [papers.ssrn.com] |
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