Rick Hasen echoes an opinion today that I've shared for a very long time:
Unlike the constitutions of many other advanced democracies, the U.S. Constitution contains no affirmative right to vote.... As we enter yet another fraught election season, it’s easy to miss that many of the problems we have with voting and elections in the United States can be traced to this fundamental constitutional defect. Our problems are only going to get worse until we get constitutional change.
Without meaning to disparage other important rights, I've long believed that the three great pillars of democracy are freedom of speech, the right to a fair trial, and the right to vote. Of those, the right to vote is not only missing in the US, it's actively opposed in a number of ways. The biggest is probably the common denial of voting rights to prisoners and ex-felons, but it's not the only one. In most places, you also can't vote unless you're registered, a significant and wholly unnecessary hurdle. Why not just let anyone vote who walks up on Election Day? Then there are the numerous photo ID laws set up recently that deny voting rights to anyone without the particular type of ID favored by the party in power.
The historical reasons for voting restrictions are obvious, but the Supreme Court upheld the principle of one-person-one-vote more than 50 years ago. I'm surprised that it's never gotten around to enforcing the obvious corollary to that: Proportional representation can only truly follow the one-person-one-vote principle if everyone has an equal right to vote. Denying or denigrating that right for any group makes a mockery of the principle.
Hasen advocates a constitutional amendment that would force the Supreme Court's hand. It would, he says, "have to be written clearly enough that it would be hard for the Supreme Court to ignore its commands." How about this?
The right to vote in any election shall not be abridged for any citizen over the age of 18.
That language has sufficed for freedom of speech for over 200 years, so why wouldn't it work here?