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struggle4progress

(118,278 posts)
Sat Apr 3, 2021, 03:25 PM Apr 2021

Maybe it's time to enforce Section 2 of the 14th amendment

... Section 2. Representatives shall be apportioned among the several States according to their respective numbers ... But when the right to vote .. is .. in any way abridged .. the basis of representation therein shall be reduced in the proportion ...

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.


"We'll let you vote if you stand in line eleven hours -- with nobody allowed to give you food or water" clearly abridges the right. Congress should enforce the amendment


22 replies = new reply since forum marked as read
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Maybe it's time to enforce Section 2 of the 14th amendment (Original Post) struggle4progress Apr 2021 OP
Make it so! Hermit-The-Prog Apr 2021 #1
I'd love to see this enforced, although it sounds difficult... but not impossible. The problem I see Karadeniz Apr 2021 #2
I think "Congress shall have power to enforce" is the key struggle4progress Apr 2021 #3
I haven't seen this discussed much. BComplex Apr 2021 #4
This amendment was added, voted on and accepted for a reason. hadEnuf Apr 2021 #16
My expectation is that any attempt in Congress would be filibustered in the Senate. Jim__ Apr 2021 #5
Dems should be discussing this as a possible remedy right now, unless there's KPN Apr 2021 #6
Manchin would never go for it tikka Apr 2021 #7
Trump DENVERPOPS Apr 2021 #8
Maybe we should not lay every potential outcome on one person Hekate Apr 2021 #13
Manchin won't be there forever. maxsolomon Apr 2021 #22
Every part of the Fourteenth needs to be strctly enforced - soldierant Apr 2021 #9
+ struggle4progress Apr 2021 #11
Maybe someone should mail copies of that amendment to the governors of Republican ShazamIam Apr 2021 #10
O we could slap em longside their pointy lil heads unannounced struggle4progress Apr 2021 #12
Hinges on how Congress chooses to define "abridged" NotASurfer Apr 2021 #14
Another Provision smb Apr 2021 #21
Good post. Please share with members of Congress. Evolve Dammit Apr 2021 #15
"No taxation with out representation" multigraincracker Apr 2021 #17
Seems like this would require redistricting? CaptainTruth Apr 2021 #18
If places were switched, it would be. You think McCarthy wuld hesitate if it were democrats doing triron Apr 2021 #19
I'm still a believer that One person One Vote would go a long way to stop this BS. flying_wahini Apr 2021 #20

Karadeniz

(22,506 posts)
2. I'd love to see this enforced, although it sounds difficult... but not impossible. The problem I see
Sat Apr 3, 2021, 03:30 PM
Apr 2021

Is determining how many voters have been disenfranchised.

struggle4progress

(118,278 posts)
3. I think "Congress shall have power to enforce" is the key
Sat Apr 3, 2021, 03:35 PM
Apr 2021

How long should it take for someone to devote? Long lines are evidence of an abridged voting right. So are polling places inconvenient to many people. Such things can be measured

BComplex

(8,036 posts)
4. I haven't seen this discussed much.
Sat Apr 3, 2021, 03:36 PM
Apr 2021

That could definitely make a good case IMHO. We can always propose it en masse (news, social media) and watch republican heads explode!

I'm all for it!

hadEnuf

(2,187 posts)
16. This amendment was added, voted on and accepted for a reason.
Sat Apr 3, 2021, 05:56 PM
Apr 2021

It should be enforced without question.

Jim__

(14,075 posts)
5. My expectation is that any attempt in Congress would be filibustered in the Senate.
Sat Apr 3, 2021, 04:37 PM
Apr 2021

It's worth bringing up; I'm not sure we could get it passed.

KPN

(15,642 posts)
6. Dems should be discussing this as a possible remedy right now, unless there's
Sat Apr 3, 2021, 04:38 PM
Apr 2021

an obvious fail safe impediment to it. Ring their (GPS) F’ing bells.

DENVERPOPS

(8,810 posts)
8. Trump
Sat Apr 3, 2021, 04:54 PM
Apr 2021

made life unbearable for any House or Senate member that defied him........

Maybe the Dems could learn something from his method to get his Repubs 100% in line with anything and everything he did and said.

maxsolomon

(33,310 posts)
22. Manchin won't be there forever.
Sun Apr 4, 2021, 11:43 AM
Apr 2021

But he is there now, and it's not just him.

There's plenty of room in the 14th to take significant action - including banning Trump from running for office again.

soldierant

(6,847 posts)
9. Every part of the Fourteenth needs to be strctly enforced -
Sat Apr 3, 2021, 04:54 PM
Apr 2021

And I'd call it "past time" - if not "way past time."

ShazamIam

(2,570 posts)
10. Maybe someone should mail copies of that amendment to the governors of Republican
Sat Apr 3, 2021, 05:07 PM
Apr 2021

controlled states and remind them, that while they can conduct elections, suppressing the vote is not legal.

NotASurfer

(2,149 posts)
14. Hinges on how Congress chooses to define "abridged"
Sat Apr 3, 2021, 05:46 PM
Apr 2021

Section 2 qualifies which elections are covered:

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,


For purposes of defining "abridged", you could suppose Congress could use the number of electoral districts of the most numerous house of the state legislature, find some kind of median value for access to voting, and count the whole number of voters in any electoral district in the list of elections above as having their right to vote abridged if the district in which they vote falls below a reasonable percentage of that median value. I can picture, in other words, ways Congress could pull it together. That said, there are 50 diverse states and you'd have to come up with something that covers everything from mail-in, to early, to in-person-day-of-election ballot access. Cite equal protection reasons, they easily apply here.

Congress would need to also define how and when statistics would need to be collected and published (if it was before the Electoral College met, for example, electors from districts where the numbers show the right to vote was abridged could see their ballot for President and VP withheld, and the Representative to Congress from that district might not be seated)

I ramble. Congress could do something clearly, if they got their act together

smb

(3,471 posts)
21. Another Provision
Sun Apr 4, 2021, 11:33 AM
Apr 2021

Count any use of a provision setting aside an election result as an abridgment of all registered voters in the affected jurisdictions. (Make it a proper nuclear option, and deduct them all regardless of whether they voted for the "winner" or even bothered to cast a ballot -- the language of the amendment leaves such issues open for purposes of defining what constitutes "abridged".)

multigraincracker

(32,673 posts)
17. "No taxation with out representation"
Sat Apr 3, 2021, 06:20 PM
Apr 2021

is what country was based on. If you are not allowed to vote, you should not have to pay taxes.

CaptainTruth

(6,588 posts)
18. Seems like this would require redistricting?
Sat Apr 3, 2021, 06:23 PM
Apr 2021

"the basis of representation therein shall be reduced in the proportion"

If this means the number of Representatives (in the House, of course) for a state was reduced, the state would have to be redistricted.

triron

(21,999 posts)
19. If places were switched, it would be. You think McCarthy wuld hesitate if it were democrats doing
Sat Apr 3, 2021, 09:58 PM
Apr 2021

this shit?

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