Is Voting a Privilege or a Right?

Because I’m sure you want to hear what to two, old, land-owning, white guys have to say about the subject. Seriously, though, tomorrow you get to help decide which way this question gets answered. Take advantage of your moment in history. Special note to our Spotify listeners: does it feel like it’s been a while since we posted? Sorry about that! Due to a technical issue, our magic “post everywhere” button was posting everywhere but Spotify. We’ve fixed the problem and you should see new episodes going forward. If you want to listen to what you missed between March and October of 2024, all our episodes are available on our website: https://civicsontherocks.podbean.com/ Again, we apologize for the glitch! References Fourteenth Amendment: Congress.gov. “Fourteenth Amendment Equal Protection and Other Rights.” Constitution Annotated. https://constitution.congress.gov/browse/amendment-14/ What’s a fundamental right: Legal Information Institute. “Fundamental Right.” Cornell Law School. https://www.law.cornell.edu/wex/fundamental_right#:~:text=Fundamental Benjamin Cardozo, a famous Supreme Court justice: Editors of Encyclopaedia Britannica. “Benjamin Nathan Cardozo.” Reviewed July 5, 2024. Britannica. https://www.britannica.com/biography/Benjamin-Nathan-Cardozo Learn more about the Fourteenth Amendment, Incorporation, and Justice Cardozo’s influence on the matter: Bill of Rights Institute. “Essay: The Fourteenth Amendment and Incorporation.” https://billofrightsinstitute.org/essays/the-fourteenth-amendment-and-incorporation Palko v. Connecticut: Oyez. “Palko v. Connecticut.” https://www.oyez.org/cases/1900-1940/302us319 The due process clause of the Fourteenth Amendment: Congress.gov. “Amdt14.S1.3 Due Process Generally.” Constitution Annotated. https://constitution.congress.gov/browse/essay/amdt14-S1-3/ALDE_00013743/ Fifth Amendment: Congress.gov. “Fifth Amendment.” Constitution Annotated. https://constitution.congress.gov/constitution/amendment-5/ Get fancy with the privileges or immunities clause: Congress.gov. “Amdt14.S1.2.2 Modern Doctrine on Privileges or Immunities Clause.” Constitution Annotated. https://constitution.congress.gov/browse/essay/amdt14-S1-2-2/ALDE_00000815/ Full faith and credit clause: Congress.gov. “ArtlV.S1.1 Overview of Full Faith and Credit Clause.” Constitution Annotated. https://constitution.congress.gov/browse/essay/artIV-S1-1/ALDE_00013015/ Not familiar with the opinions of “sovereign citizens”: Southern Poverty Law Center. “Sovereign Citizens Movement.” https://www.splcenter.org/fighting-hate/extremist-files/ideology/sovereign-citizens-movement First Amendment: Congress.gov. “First Amendment Fundamental Freedoms.” Constitution Annotated. https://constitution.congress.gov/browse/amendment-1/ Ninth Amendment: Congress.gov. “Ninth Amendment Unenumerated Rights.” Constitution Annotated. https://constitution.congress.gov/browse/amendment-9/ What does it take to ratify: Harry S. Truman Library and Museum. “The Amendment Process.” https://www.trumanlibrary.gov/education/three-branches/amendment-process How senators were chosen then and how they are chosen now: United States Senate. “About Electing and Appointing Senators.” https://www.senate.gov/about/origins-foundations/electing-appointing-senators.htm See a timeline of who got to start voting when in the U.S.: Al Jazeera. “Who got the right to vote when?” August 18, 2020. https://interactive.aljazeera.com/aje/2016/us-elections-2016-who-can-vote/index.html Steve is right, noncitizens are allowed to vote in some local elections: USA.gov. “Who Can and Cannot Vote.” Updated September 26, 2024. https://www.usa.gov/who-can-vote But Fox News remains wrong; there are not widespread instances of noncitizens voting in presidential elections: Joffe-Block, Jude. “6 Facts About False Noncitizen Voting Claims and the Election.” October 12, 2024. NPR. https://www.npr.org/2024/10/12/nx-s1-5147789/voting-election-2024-noncitizen-fact-check-trump Fifteenth Amendment: Congress.gov. “Fifteenth Amendment.” Constitution Annotated. https://constitution.congress.gov/constitution/amendment-15/ Thirteenth Amendment: Congress.gov. “Thirteenth Amendment.” Constitution Annotated. https://constitution.congress.gov/constitution/amendment-13/ Wesberry v. Sanders (Mack got the right case): Oyez. “Wesberry v. Sanders.” https://www.oyez.org/cases/1963/22 Who’s Antonin Scalia? Smentkowski, Brian P. and Houck, Aaron M. “Antonin Scalia.” Updated: September 13, 2024. https://www.britannica.com/biography/Antonin-Scalia A discussion of whether the hypocrisy was appreciated at the time: Ellis, Joseph J. “Founding Fathers.” Reviewed April 25, 2024. https://www.britannica.com/topic/Founding-Fathers A quick reminder about all the treaties we violated with the Native American tribes and marches to Oklahoma: Office of the Historian. “Indian Treaties and the Removal Act of 1830.” https://history.state.gov/milestones/1830-1860/indian-treaties The selective incorporation clause: Congress.gov. “Amdt14.S1.4.3 Modern Doctrine on Selective Incorporation of Bill of Rights.” Constitution Annotated. https://constitution.congress.gov/browse/essay/amdt14-S1-4-3/ALDE_00013746/ Adamson v. California: Oyez. “Adamson v. California.” https://www.oyez.org/cases/1940-1955/332us46 Dobbs v. Jackson Women’s Health Organization: Oyez. “Dobbs v. Jackson Women’s Health Organization.” https://www.oyez.org/cases/2021/19-1392 It’s protect “every State” from invasion: Congress.gov. “Article IV Republican Form of Government.” Constitution Annotated. https://constitution.congress.gov/browse/article-4/section-4/ The second bill of rights speech: Roosevelt, Franklin Roosevelt. “State of the Union Message to Congress.” January 11, 1944. Franklin D. Roosevelt Presidential Library and Museum. http://www.fdrlibrary.marist.edu/archives/address_text A reflection on France’s restriction of religious garments: Diallo, Rokhaya. “What has 20 years of banning headscarves done for France?” April 12, 2024. The Guardian. https://www.theguardian.com/commentisfree/2024/apr/12/ban-headscarves-france-secularism-exclusion-intolerance Freedom of speech on the Internet: Bischoff, Paul. “Internet Censorship 2024: A Map of Internet Censorship and Restrictions.” October 16, 2023. Comparitech. https://www.comparitech.com/blog/vpn-privacy/internet-censorship-map/ Mack’s right, kids, hate speech is not a crime: American Library Association. “Hate Speech and Hate Crime.” https://www.ala.org/advocacy/intfreedom/hate See how “consent of the governed” was expressed in the Declaration of Independence: Library of Congress. “Consent of the Governed.” https://www.loc.gov/exhibits/creating-the-united-states/interactives/declaration-of-independence/consent/index.html Shenanigans like voter purges: Totenberg, Nina and Dutton, Ilana. “Supreme Court Allows Virginia to Purge Individuals From Voter Rolls.” October 30, 2024. NPR. https://www.npr.org/2024/10/30/g-s1-30644/supreme-court-virginia-elections Abbott’s one drop box per county rule: McCullough, Jolie. “Texas counties will be allowed only one drop-off location for mail-in ballots, state Supreme Court rules.” October 27, 2020. The Texas Tribune. https://www.texastribune.org/2020/10/27/texas-voting-elections-mail-in-drop-off/ And at least one ranch: King Ranch. “The King Ranch Legacy.” https://king-ranch.com/ A press release, from the time, about the photo ID law in Georgia: ACLU. “Voting Rights Advocates Challenge Georgia Photo ID Law in Federal Court.” September 19, 2005. https://www.aclu.org/press-releases/voting-rights-advocates-challenge-georgia-photo-id-law-federal-court An imagined problem: Lopez, Ashley. “How We Know Voter Fraud is Very Rare in U.S. Elections.” October 11, 2024. NPR. https://www.npr.org/2024/10/11/nx-s1-5147732/voter-fraud-explainer Twenty-fourth Amendment: Congress.gov. “Twenty-Fourth Amendment.” Constitution Annotated. https://constitution.congress.gov/constitution/amendment-24/ About poll taxes: Editors of Encyclopaedia Britannica. “Poll Tax.” Reviewed November 5, 2023. Britannica. https://www.britannica.com/topic/poll-tax A brief explanation of sharecropping: PBS. “Sharecropping.” https://www.pbs.org/tpt/slavery-by-another-name/themes/sharecropping/ An explanation of Jim Crow laws: Pilgrim, David. “What Was Jim Crow?” September 2000. Jim Crow Museum. https://jimcrowmuseum.ferris.edu/what.htm Dungeon and Dragon cocktails: Barbenheimer—Seersucker gin, Cointreau orange liquor, Peychaud’s bitters, and lime juice Ross Perot—Old Overholt rye, PAMA pomegranate liquor, Angostura bitters, lemon juice Cautionary Tale—Myers’s rum, simple syrup, black walnut bitters, lemon juice Tidal Basin—Seersucker gin, Domaine De Canton ginger liquor, Angostura bitters, lemon juice Our proportions went awry so you’re on your own there. How the Episcopal Church was, but now is not, associated with the Church of England: The Episcopal Church. “History of the Episcopal Church.” https://www.episcopalchurch.org/organizations-affiliations/history-episcopal-church/timeline/ How the Episcopal Church is organized: The Episcopal Church. “Church Governance.” https://www.episcopalchurch.org/organizations-affiliations/church-governance/ Anybody could have a bicameral legislature: Editors of Encyclopaedia Britannica. “Bicameral System.” Updated September 6, 2023. Britannica. https://www.britannica.com/topic/bicameral-system But not Nebraska: Nebraska.gov. “Legislative Branch.” https://designegov.nebraska.gov/government/legislative/ Learn more about Robert Roberson’s case: Guo, Kayla. “There are warring depictions of Robert Roberson’s murder case. Here’s what to know.” October 29, 2024. Texas Tribune. https://www.texastribune.org/2024/10/29/robert-roberson-shaken-baby-texas-death-row-evidence/ The doubts about shaken baby syndrome: Kukucka, Jeff and Faigman, David. “Shaken Baby Syndrome Has Been Discredited. Why is Robert Roberson Still on Death Row?” October 26, 2024. Scientific American. https://www.scientificamerican.com/article/shaken-baby-syndrome-has-been-discredited-why-is-robert-roberson-still-on/ If you want to learn more about how pardons work in Texas: Texas Board of Pardons and Paroles. “Clemency.” https://www.tdcj.texas.gov/bpp/exec_clem/exec_clem.html What the Texas Supreme Court does: Texas Judicial Branch. “Supreme court.” https://www.txcourts.gov/supreme How often the Texas Legislature meets: Legislative Directory. “About the Texas Legislature.” Texas Legislature Online. https://legdir.capitol.texas.gov/about.aspx And using dice to decide how to mix cocktails is a bad idea. But you already knew that.