Editorials: What Does the Constitution Actually Say About Voting Rights? | Garrett Epps/The Atlantic
Since the Supreme Court’s 5-4 decision in Shelby County v. Holder in June, conservative governments in the South and elsewhere have raced to introduce new voting restrictions. Most prominent in the attacks is the comprehensive vote-restriction law passed by the Republican majority in the North Carolina legislature. The law cuts back early voting, restricts private groups from conducting voter-registration drives, eliminates election-day voter registration, and imposes the strictest voter ID rules in the country. There is evidence that Republican legislatures elsewhere will follow North Carolina’s lead. Neither the American people nor the federal courts would tolerate restrictions of this sort if they were imposed on free speech, free assembly, freedom of religion, or freedom to petition government for redress of grievances. For that matter, many Southern states–and probably a majority of the Supreme Court–would reject far less onerous restrictions on the right to “keep and bear arms.” Yet each of those rights is mentioned only once in the Constitution. The “right to vote” is mentioned five times–and yet the Court has brushed it aside as a privilege that states may observe at their convenience. Even an overwhelming majority of Congress–which is given the power to enforce the right in no fewer than four different places in the Constitution–cannot protect this right more strongly than the Court feels appropriate. What would happen if we took the Constitution’s text on this matter seriously?