A real right to vote How a constitutional amendment can safeguard American democracy

Richard L. Hasen

Book - 2024

"Throughout history, too many Americans have been disenfranchised or faced needless barriers to vote. Part of the blame falls on the Constitution, which does not contain an affirmative right to vote. The Supreme Court has made matters worse by failing to protect voting rights and limiting Congress's ability to do so. The time has come for voters to take action and push for an amendment to the Constitution that would guarantee this right for all"--Front jacket flap.

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Subjects
Published
Princeton, New Jersey : Princeton University Press [2024]
Language
English
Main Author
Richard L. Hasen (author)
Physical Description
x, 222 pages : illustrations ; 23 cm
Bibliography
Includes bibliographical references and index.
ISBN
9780691257716
9780691257723
  • Acknowledgments
  • Introduction. Why We Need a Real Right to Vote
  • Chapter 1. Courts Are Not Enough
  • Chapter 2. An Amendment for Political Equals
  • Chapter 3. Expanding the Right to Vote?
  • Chapter 4. Deescalating the Voting Wars
  • Chapter 5. Safeguarding American Democracy
  • Chapter 6. How to Get a Real Right to Vote
  • Appendix. Draft Versions of a Constitutional Amendment Affirmatively Protecting the Right to Vote
  • Notes
  • Index
Review by Choice Review

Contrary to what most Americans think, the US Constitution does not have an explicit clause guaranteeing a right to vote. Compared to other democracies in the world, this makes America an outlier. According to Hasen (law, Univ. of California), the omission of a right to vote has been the subject of historical and recent fights over voting rights, with groups, states, and now the Republican Party seeking to suppress the franchise in order to rig elections in their favor. Efforts to provide statutory protections for voting rights have failed and may be insufficient. Hasen argues that the only solution is a constitutional amendment. Most of the book documents the legal and political problems caused by the absence of a constitutional right to vote. But the real contributions are Hasen's textual language on what a voting rights amendment would look like, why it is needed, and what different versions would say. Hasen offers a basic amendment and language that would address felon disenfranchisement, the national popular vote for the president, and equal representation in the Senate. Excellent for collections on US elections, law, and politics. Summing Up: Highly recommended. All readership levels. --David Schultz, Hamline University

Copyright American Library Association, used with permission.
Review by Kirkus Book Review

A convincing argument in favor of a constitutional guarantee of the right to vote. In this comprehensive follow-up to Cheap Speech: How Disinformation Poisons Our Politics―and How to Cure It, Hasen lays out a plan to secure the franchise for all eligible voters in the face of its many current barriers. To strengthen his case, he provides a draft text of an amendment to the Constitution that would do just that. In his eyes, the principal obstacles in the way of protected voting rights are the states' fetters on access to the ballot box, discrimination against targeted groups, the purposefully ineffective administration of elections, false claims of fraud, and the decisions of the current Supreme Court majority, whom he considers "more dangerous" than any earlier ones. The author, director of the Safeguarding Democracy Project at the UCLA School of Law, argues that Electoral College reform is a non-starter, and a nonpartisan federal voting administration, whose creation he earlier supported, would not offer adequate protection of the vote. Still, Hasen is astute enough to recognize that his amendment can't shoot for the moon. Leaving some issues to future adjudication, he omits from his text a vote guarantee for felons and full voting rights for residents of American territories. Though he is arguably over-optimistic, the author explains how, without such provisions--as well as the elimination of any reason to cheat at the ballot box since everyone will be able to vote--the amendment could gain favor with lawmakers from both sides of the aisle. The trouble with Hasen's case is that the author doesn't fully account for the brutal politics facing any amendment's congressional approval, followed by ratification by the states. Nonetheless, his lively, closely argued book is bound to ignite a public effort to achieve its ends. A persuasive, up-to-date proposal that deserves widespread attention. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.