The Right to Vote: A Fundamental Human Right or a Privilege of Citizenship?

Our American Constitution is a document meant to establish a framework for the government under which we live. It includes a 'Bill of Rights,' leading many to believe that the document is primarily designed to outline rights that the government must honor or cannot take away. Indeed, all persons do have some enumerated rights and many unenumerated rights. However, in a representative democracy, certain rights such as the right to vote are generally reserved for citizens.

Limited Versus Fundamental Human Rights

A representative democracy, such as the United States, employs a system where only citizens have the right to vote. This is different from fundamental human rights, which are unalienable and apply to all persons regardless of citizenship. From the inception of the Constitution, rights enumerated in it applied to all "persons," initially excluding women, property-less men, foreign residents, and children. While over time, certain protections for voting rights were built into the Constitution, voting eligibility and the process remain largely controlled by states.

The Discrepancy Between Law and Perception

Interesting to note, voting is not mentioned in the Bill of Rights (BOR) or explicitly in the Constitution, except for anti-discrimination amendments which do not stipulate that anyone has an inherent right to vote. Rather, courts and legislations treat it as a right. Unlike other rights, which apply equally to all individuals, the right to vote primarily applies to citizens.

The Current State of Voting Rights

Despite existing laws and protections, the right to vote remains under threat in various ways. Unlike the allowances for freedom of speech or assembly, voting registration is often required. Critics argue that certain policies, such as the push to remove voting locations in predominantly democrat-voting areas, usually poorer or predominantly Black regions, and the legal and logistical challenges in tallying votes, make the right to vote a form of privilege rather than a fundamental right.

Challenges to the Voting Process

There is a consistent effort to restrict access to the polls, with allegations of voter suppression and fraud. For example, it is illegal to provide water to those waiting to vote, and postal voting has come under scrutiny for potential fraud. Deciding on the outcome of elections can take weeks and even months, with legal battles sometimes determining the victor. This highlights the inconsistencies and difficulties in the democratic process.

Exploitation of Vulnerable Citizens

The push for stricter voter ID laws and policies like making camping a felony in certain states directly impacts the voting rights of vulnerable citizens. This not only disenfranchises those facing homelessness but also serves as a form of social control, further marginalizing and oppressing groups already at a disadvantage.

A Call for a More Robust Democracy

The current state of voting rights in the U.S. paints a picture of a deeply corrupt version of democracy. While some may argue that these measures protect the integrity of the electoral process, they often result in the disenfranchisement of the most marginalized and vulnerable members of society. A true democracy should ensure that every citizen, regardless of their background or socioeconomic status, has an equal opportunity to exercise their right to vote.

Proposed Solutions

To address these issues, there is a need for:

Broader voter registration and access to polls, ensuring that all citizens can easily and effectively exercise their right to vote. Reducing or eliminating polices that disproportionately impact the poor and marginalized, such as those making camping a felony. Increasing transparency and efficiency in the electoral process to ensure a fair and timely outcome. Strengthening anti-discrimination laws to protect voting rights.

By addressing these issues, we can work towards a more democratic and equitable society where the right to vote is fully realized for all citizens.

Conclusion

The right to vote is a fundamental element of a functioning democracy. While it is currently treated as a right by courts, its application and implementation often fall short of the principles of an unalienable human right. Addressing the challenges and inequities in the voting process is crucial for ensuring that democracy remains a true reflection of the people's will.