I have not seen the documentary nor have I read the book.
However, an excerpt from Bassetti’s book appeared in Harper’s Magazine (October 2012), “In Search of the Right to Vote,”
(pages 17-20) caught my attention. To say it reported facts I did not know is
an understatement. I find it fascinating enough to reproduce a brief excerpt
with the suggestion that the documentary and book sound like something that
will prompt discussion.
Hopefully those of us who care about goodness in the
political sphere can provide safe places for healthy discussion to occur.
(Along with some good food and drink.) The excerpt:
“’The right
of voting for representatives is the primary right by which other rights are
protected. To take away this right is to reduce a man to slavery, for slavery
consists in being subject to the will of another, and he that has not a vote in
the election of representatives is in this case.’ —Thomas Paine, Dissertation on First Principles of
Government (1795)
“In 1806,
when Thomas Paine walked into his New Rochelle polling station to cast his vote
for the congressional election, he was turned away, denied the ballot. The Tory
election inspectors asserted that he was not an American and that he had been
renounced by George Washington. He told them they were wrong on both counts, but
one of the inspectors threatened to have him arrested, and Paine left without
voting. He pursued the matter in court and lost. He had no right to vote in the
nation that now counts him one of its Founders.
“In the two
centuries since Paine's disenfranchisement, the Constitution has been amended
numerous times to address voting issues. In the twelve years since the 2000
presidential election, billions of dollars have been thrown at the mechanics of
voting—the machines we use, the way we register—and there have been legislative
initiatives in almost every state targeting voter-identification requirements
as well as early- and absentee-voting rules. But one thing has not changed
since the day Paine walked into his New York polling station. The Constitution
still does not guarantee the right to vote.
“The word
‘vote’ appears in the Constitution as originally drafted only in relation to
how representatives, senators, and presidential electors perform their duties.
Representatives vote. But the people’s vote is not mentioned. The Constitution
gives Congress the right to pass copyright and bankruptcy laws, the right to
borrow money, the right to establish post offices, the right to ‘fix the Standard
of Weights and Measures.’ Congress was required to keep a journal of its proceedings.
Members of Congress were guaranteed a salary. Amid this wealth of detail,
scarcely a word is spent on how the people are to vote.
“Even in
the Bill of Rights, which made a slew of individual rights explicit, the
Constitution did not mention a right to vote. The right to assemble and to
petition government was established. The right to trial by jury (in civil
disputes where the value exceeds $20), to due process of law, to confront
witnesses in criminal cases, to keep and bear arms? Yes. Voting rights? No. It’s
almost as if in the course of constructing a house, the contractor ordered the
windows, curtains, and shingles, but completely forgot about the foundation.
“Contrary
to many common accounts, the Founders were not stiff-necked, antidemocratic
elitists hostile to the swarm of unwashed voters. But during that hot summer in
Philadelphia in 1787, the adage that politics is the art of the possible held
sway. It was not politically practicable to impose uniform suffrage laws across
the former colonies. Was the fragile new federal government really going to
tell South Carolina that free blacks could vote? Or was it going to have to do
the opposite and tell Massachusetts, which did allow blacks to vote, that it
would have to stop? Easier to let state laws and provisions dealing with the
vote stand.
“After all,
almost all elections were local. Only one of the newly created federal offices
was originally subject to direct popular vote. Neither senators nor the
president were elected by the general population. Only members of the House of
Representatives stood before the people for election. Each state was required
to have a republican form of government, but no more than that. The
Constitution in effect integrated into the new federal system whatever the
states said about the right to vote.
“Our
voting-rights system is a sedimentary formation, its layers laid down and
intermingling over centuries with federal and state constitutional provisions,
laws, and regulations. Following a civil war, eight constitutional amendments,
two monumental protest movements, the youthquake of the 1960s, the transformative
lawmaking of Congress in 1965, and the convulsions of the 2000 presidential
election, most Americans feel reasonably confident that they have something
approaching a right to vote. But on a national level, that right might best be
understood in the negative. The Fourteenth, Fifteenth, Nineteenth,
Twenty-fourth, and Twenty-sixth Amendments to the Constitution provide a
measure of protection. The vote cannot be denied to a citizen on the basis of
race, gender, age (once the voter is over eighteen), or the ability to pay a
poll tax. Beyond that, whether and how one has a right to vote is largely a
matter of state law.”
And this is merely the beginning. I commend the Harper’s article/excerpt to you.
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