Voting Rights on a Slippery Slope
The other day I read a couple of letters to the editor of the New York Times, from people who were sincerely offended that, as had been discussed in a recent Times article, mentally deranged people are often not allowed to vote.
Here’s part of one letter: “I am very troubled by [your article], which reports political efforts to prevent people with mental disorders and elderly people with dementia from voting. Our constitutional right to vote does not require that any one of us make a rational choice. …”
Here’s part of the other: “I was appalled to learn that the mentally ill can be kept from voting, and that some are trying to make it even harder for them to participate in the democratic process….Our government’s just powers must be derived from the consent of all the governed, not merely an elite comprised of mentally sound elders.”
The former letter, by the way, is from a doctor; the latter letter also cites with approval the lowering of the voting age in Austria to 16. I should add that the American Bar Association voted favorably at its annual convention this summer on a resolution that will urge jurisdictions to make it easier for mentally incompetent people to vote. And there is a much-publicized, multifront effort to curtail the practice in many states of disenfranchising felons, and there are even activists who think that noncitizens should be allowed to vote.
It is a pretty basic question for our system of government, isn’t it: Who should be allowed to vote?
There are only four groups of people who are generally not allowed to vote in the U.S. now, and the Left wants to enfranchise more of all of them: children, criminals, noncitizens, and the mentally ill.
Now, no doubt–as National Review’s Jonah Goldberg has observed–much of this is politically driven: The Left thinks that all these groups (with the possible exception of the latter) are more likely to vote with them than against them, and it may well be right. But I also think that part of it is more deep-seated than that. This is one fundamental, instinctive difference between Right and Left: The former believes in standards (or, to be less charitable, is elitist), and the latter does not (or, to be more charitable, embraces egalitarianism more passionately).
To be sure, most liberals and most conservatives agree with the basic approach of letting nearly everyone vote these days.
I think there is a moral reason for this and also a utilitarian reason. They are not mutually exclusive.
The moral reason is that, if the government is going to boss you around, then you ought to have some say in how it is run and what rules it makes. No taxation without representation and all that.
The utilitarian reason is that the government will make wiser choices if we let most people vote. If we had some way of knowing which particular people would most skillfully foresee who the best candidates and referenda are, then it would obviously lead to better government if we let only those people vote. But knowing these electors is impossible, and it is not even easy to choose their credentials. Many of us suspect that, as William F. Buckley, Jr., once famously observed, the first 2000 names in the Boston phone book really are wiser in these matters than the Harvard faculty. Moreover, the few are foolish but the many are wise, so it makes no sense to limit yourself to the first 2000 names if you can get input from the whole
directory.
If these are the two reasons that we have (nearly) universal suffrage, then this also suggests why there ought to be some limits on it.
The moral justification, for instance, is less compelling if the person who wants to vote is unwilling to obey the government or follow its laws. Thus, criminals are generally limited in their voting. Likewise, since noncitizens are typically bossed around less, and more temporarily, than citizens, it’s less offensive that we not let them vote, even if they do have to pay taxes and so forth.
With regard to the utilitarian rationale, while we may not be sure who the wisest people are, we may be pretty confident that some people really do have poor judgment. Children and the mentally incompetent are good examples. And we may also be reasonably confident in doubting that some people have the nation’s interests at heart, and so we are less interested in their input; here again, criminals and noncitizens come to mind.
Here’s an additional note: Rejecting people for either rationale is troubling if the rejection is subjective and, thus, more liable to being abused, but less troubling if based on the failure to meet an objective criterion that has its origins outside the voting context. Thus, we might be nervous about giving exams or even simple literacy tests to determine who votes, especially in light of past abuses; on the other hand, basing the decision on age or criminal record or citizenship or prior medical determinations of mental incompetence is–or at least ought to be–less
troubling.
And one last note: Voting is, of course, not the only way that power is exercised in our republic. Other ways–lobbying, running for office, litigating, and so forth–have grown and adapted over time. There are sound, Burkean reasons why none of this should be radically altered, and that includes dramatically expanding or contracting the franchise.
Roger Clegg is president and general counsel of the Center for Equal Opportunity in Falls Church, Virginia.






I see the issue of enfranchisement as a choice, and thus a compromise between two competing values (expanding franchise and avoiding populism), both working towards a similar end.
I would define the end goal as responsible government. A necessary component of responsible government is accountability to, and representation of, the people. As such democracy becomes a necessary condition for good government.
This being true however, does not mean our current system is optimal, or that we should accept this system as the only way for a functioning democracy to operate. There are many different examples of democracy and we would be well served to have REAL debate on the merits of each.
Another condition of responsible government is a large, healthy, informed and participatory citizenry. The best way to achieve this is meaningful education and in that regard we have failed our children. When a population is ill-informed, and non-participatory, they become susceptible to populism and the rule of demagogues,(which could arguably exist today with our politics of ‘soundbites’) Rule by demagogue/mob being just as bad as rule by tyrant.
We must of course always work to expand franchise to as many informed and participatory citizens as possible, however we must be equally aware of the danger populism presents us.
Great article, though I have a couple of thoughts to add with regards to lowering the voting age. First and foremost, it is inconceivably illogical that the Left wants to lower the voting age from 18 to 16. If 18 year olds, who are old enough to enlist in the military, fighting & making life and death decisions everyday on battlefields across the globe, are deemed “NOT mature enough” to purchase alcohol, why on earth would anyone believe that a 16 year old has a greater maturity to cast a vote which carries far greater implications and responsibilities. This logic sends them mixed messsage, “okay we want you to join the military and fight for the country at 18…but don’t believe you’re mature enough to drink for another 3 years, but oh by the way, we hold that people 2 years to your junior are competent enough to vote to send you across the globe”. Enough is enough.
One of the most nefarious things the Far Leftists do is bring up outrageously goofy proposals for public debate. Then they bring up related but merely goofy proposals that look reasonable by contrast. These latter have a chance of being accepted. Thus the march of stupidity goes on apace. Social Security, Medicare, Drug Program, felons vote, etc, etc, hut, two, your left, four.
I am adamantly in favor of literacy tests. There is absolutely nothing wrong with requiring voters to posses a minimal ability to read and write at a high school graduate level. This is not, I must add, what occurred in the Old South. The white racists were not even slightly interested in testing for literacy. It was merely a scam job to prevent blacks from voting. Let’s have real literacy testing!
The more crazy idea, than lowering voting age, is to give human rights to animals.
Wait, didn’t Spanish Parliment passed a bill, granting them to monkeys?
Why is it such a big deal allowing 16 years old to vote? The dead have been voting all these years. Do you mean our 16 years old are no better than the dead? Anyway, it is better to let them vote while they are under the tutelage of their teachers, lest they may develop a mind of their own and won’t vote the right way.
Convicted felons, illegal aliens, the dead, the homeless, and others whose registration is fraudulent, already vote in King County (Seattle) and often more than once. Anyone in Washington, when obtaining or renewing a drivers license, is asked to register to vote without any form of proof of citizenship or other ID. Now that King County has switched to all mail voting, election fraud will be facilitated. ACORN was recently convicted of filing several thousand fraudulent voter registrations.
These are all due Democrat initiatives. I don’t know when there will be another honest election in my state.
To be honest, the far left scareme much more than the Bush Admin ever has.
With the products of our public education system somewhere hovering around 20th of all industrialized nations, with the excess baggage of illegal immigrant students who have no grasp on the english language overburdening an already failing system of education, to the VERY sad “man in the street” videoblogs asking 20-somethings who our vice president is AND not being able to name him correctly…sure, let’s give the vote to 16 year olds who at their age are more concerned with losing their virginity as fast as they can than being able to even point to Iraq on a map.
Considering the condition of Berkeley, product of the bright ideas of the far left, they ought – at this point – be relagated to being seen and never heard from again.
16 year olds voting? uh, no. same with the mentally ill, and idiots who put themselves in prison.
Is it me or is it simply impossible to believe that anyone could work up sufficient emotion to call themselves “appalled” or “very disturbed” by the limits to voting currently in place to stop children, felons and the mentally deranged from voting, unless one were a superficial individual, almost incapable of deep thought on an issue?
Seriously mentally ill people – those institutionalized long term- and children would be very easy to manipulate, and/or intimidate into voting a particular way. Do we want to further increase the likelihood of voter fraud? Why does common sense seem in such short supply these days?
Any of you can be disenfranchised by being convicted of a felony. Think about it a bit: Process enough people and give them a suspended 1 year prison sentence…
In any event, how many election districts filter for felons?
Is it too much to ask that voting be limited to people who in principle are eligible to hold elected office?
Is it too much to ask that voters be limited to those sane enough to tried for crimes if indicted? Or be able to be legally bound by a contract? Or who sufficiently respect society by abiding by it’s laws?
People who can’t pass on this minimal muster only dilute the integrity of the vote and invite cynicism and corruption in the process.
I understand the arguments but. um, guess what–even Mitt Romney and John McCain’s black hero, Bill Cosby (and Cosby’s moderate black adherent) STRONGLY and EXPRESSLY advocate enfranchisement for felons who’ve served their time. I mean–if rural redneck Congressmen get to count convicts for apportionate purposes, funding formulas…hey fair is fair…
I would be willing to entertain the notion of ex-cons, who fully served their time, and who are not on parole, being allowed to vote. I’m on the fence about this issue and would like to see arguments for and against.
Persons in prison serving a term, however, should not be allowed to vote for a number of legitimate reasons.
To Nevermind: For my reasons why felons should not automatically be allowed to vote just because they have served their time, and my rejoinders to the arguments commonly made on the other side, see: http://www.ceousa.org/content/view/321/93/
My favorite part of the piece is: “..all these groups (with the possible exception of the latter) are more likely to vote with them than against them,…”
Birds of a feather.
Roger, you made some very good points as you were recounting the reasons for greater enfranchisement, but then, I think, didn’t do such a good job refuting them.
You say, “we may be pretty confident that some people really do have poor judgment.” For 16-year-olds in particular, I think you miss the mark here. They are not children and should, in no way, be compared to the mentally incompetent or to 5-year-olds. A 16-year-old has the same cognitive and reasoning abilities as an adult, in fact their raw brain power may even be more than that of an average adult.
Society has judged them to be sufficiently competent to pay taxes, get jobs, drop out of school, and receive adult punishments for crimes. How can someone be a fully capable adult if they kill someone, but a brainless little kid if they want to vote?
Ask your average teen about politics and they know as much as your average adult (which isn’t saying much, but isn’t a reason to stop them from voting). I am by no means a Leftist or a Liberal, but I think lowering the voting age to 16 is a reasonable step that serves the moral and utilitarian interests of both the Right and the Left.
Thoughts for KPalicz: (1) I’m not saying 16-year-olds are “brainless little kid[s]“–but you gotta draw the line somewhere. (2) Voting is less about brain power than it is about judgment and wisdom. (3) I’m generally suspicious of arguments that because society lets someone do X at age whatever, therefore it ought to be willing to let the person do Y at age whatever: Two-year olds have to pay taxes; in most states you have to be 21 to drink but only 18 to vote; sometimes we require people to stop working at 65 but let them keep voting; etc. Each task is different. (4) As a conservative–”Unless it is necessary to change, it is necessary not to change”–I think the burden is on those to show that letting 16-year-olds vote will make things a lot better, not just that it is “reasonable.”
On a “Kid Nation” bio, Guylan – Age 11 believes that voting rights should extend to kids down to the age of 9.
From the Bio:
“If you could put into place one law that pertains to kids in our country, what would it be?
If there were one law that I could put into place it would be for kids 9 and up to have the right to vote.”
Post Link:
http://maxine-log.blogspot.com/2007/08/kid-nation-why-growing-up-is-hard.html
Democracy, unlike “Kid Nation”, requires adult supervision and participation. Some would argue that our current crop of legislators are wanting to run the U.S. from this “Kid Nation” perspective given the lack of standards they wish to enforce our immigration and language application laws (see Aaron Hanscom’s post – http://pajamasmedia.com/2007/11/who_needs_english_in_america.php).