Friday, April 27, 2018

Can the 14th Amendment be Used to take Away the Right to Vote?

   Does the 14th Amendment suggest government can take away from illegal residents the right to vote? Of course, we currently do not allow them to vote. What is interesting, is that the 14th Amendment weighs in on the question. Read it:
  "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State . . . But when the right to vote at any election . . . is denied to any of the . . . inhabitants of such State . . . the basis of representation therein shall be reduced in the proportion which the number of such . . . citizens shall bear to the whole number . . ."
   It does say "inhabitants of such State." Since that would include any resident -- legal or not -- on first blush if you read no further, it might appear to grant the right to vote to illegal immigrants. But, reading on, it says that if someone is denied the right to vote, then the count used for apportioning representatives shall be equally reduced.
   Now, if it were just one person being denied the right to vote, that would hardly change the representation. No, it would take a whole group of people.
  And, that implies that a whole group of people can be denied the right to vote. It doesn't specify what the cause for not allowing them to vote might be, nor what the group might be, but leaves the question open -- which is certainly a dangerous thing. If it grants authority to deny illegal immigrants the right to vote, even so it grants authority to deny any group the right to vote.
   That's, indeed, dangerous. Do we really want such a thing sitting in our Constitution?

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

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