We’ve discussed the missing 13th Amendment and now see more disparaging remarks of the 14th, which specifically centers around our long standing debates over voting rights itself yet often fails to discuss penalty of STATES...
The 14th Amendment says states that infringe the vote must lose representation in Congress. Is it time to make this happen...??? If so, how or is it better to just leave these 110 lost words, lost, simply because it is unknown by our Congress, Judicial Branch and yes, even our SCOTUS on how to enforce and who is responsible for doing do ?? Or how to take away state representations or when and if they get them back in time?? How about the Electoral College???How about felony charges that abridge the right to vote, should it even be allowed??
These forgotten words form Section 2 of the 14th Amendment, which was designed to guard against the infringement of voting rights. The lost provision is simple: States that deny their citizens the right to vote will have reduced representation in the House of Representatives...
I bet you’ve never heard of that part of our founding document... That’s because, throughout U.S. history, legal ambiguities and confusion over implementation authorities have kept this provision from realizing its potential. But there are ways to put it to work right now. And there’s no better time. From widespread closure of polling locations and expanding imposition of voter identification laws to escalating purges of voter rolls, assaults on the right to vote nationwide illustrate that we need these lost words back, urgently.
The 14th Amendment is divided into five sections, all aimed at protecting civil rights in the wake of the Civil War and the abolition of slavery. Section 2 states:
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.
The first sentence will, at least in its principle, be familiar to many: It ensured that apportionment in the House of Representatives would fully count the recently emancipated black Americans, thus supplanting the provision in the original constitutional text that counted enslaved persons as three-fifths of a person. But most Americans—indeed, even most American lawyers and judges—have no familiarity with the second sentence of Section 2 that would penalize those states that abridge or deny the right to vote. It may well be the Constitution’s most important lost provision.
The Amendment’s framers worried, in particular, that recalcitrant states would respond to the formal expansion of the vote by devising new ways to abridge that vote. Section 2’s second sentence would be a powerful threat, saying that, should a state dare to try that, it would have to reduce its number of representatives in the House proportional to the vote infringement carried out by that state. Call it the Constitution’s “reduction clause,” punishing infringement of voting rights with the stiff penalty of a reduction in representation.
Let’s be clear: The reduction clause fell considerably short of what, today, we’d consider appropriate and just, or even what should have been deemed appropriate and just in 1868, when the 14th Amendment was ratified. First, the reduction clause’s insistence on voters being “male inhabitants” perpetuated the Constitution’s original denial of the vote to women, an inequity partially corrected by the 19th Amendment and more fully addressed by the Voting Rights Act of 1965. Second, the clause’s focus on voters “twenty-one years of age” and older became out of step afterpassage of the 26th Amendment, which lowered the voting age to 18. And, third, the clause’s entrenchment of felon disenfranchisement looks increasingly anachronistic today, especially in light of Florida’s landmark restoration of voting rights to felons by referendum in 2018... Florida continues to resist voting rights being reinstated although voted on twice now by its citizens~~
<snip> much more to it, keep reading~~
https://www.politico.com/amp/news/magazine/2020/02/23/the-lost-constitutional-tool-to-protect-voting-rights-116612