Overview
Title
Proposing an amendment to the Constitution of the United States relative to the fundamental right to vote.
ELI5 AI
In this bill, grown-ups are trying to make a new rule in the big rule book for the country that says everyone who is old enough has the right to vote. They want to make sure this right is protected and can't be taken away without a very important reason.
Summary AI
S. J. RES. 77 proposes an amendment to the U.S. Constitution to establish that every U.S. citizen of legal voting age has a fundamental right to vote in public elections. The resolution states that this right cannot be denied or restricted by the U.S., any state, or political subdivision, unless it is necessary for a compelling governmental interest and uses the least restrictive means to achieve that interest. It also seeks to repeal part of the 14th Amendment concerning voting rights related to crimes and gives Congress the power to enforce and protect the right to vote through legislation.
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AnalysisAI
Overview of the Proposed Amendment
The proposed joint resolution, S. J. RES. 77, aims to amend the Constitution of the United States to ensure a fundamental right to vote for every citizen of legal voting age. It intends to prohibit both the federal and state governments from denying or limiting this right, except in instances where it supports a compelling governmental interest. Furthermore, the amendment suggests repealing specific wording from the Fourteenth Amendment and assigns Congress the authority to enforce these protections.
Significant Issues
One of the main issues with the proposed amendment lies in Section 2, which introduces terms like "compelling governmental interest" and requires that any limitations on voting rights be the "least restrictive means" of achieving such interest. The language is considered vague and open to multiple interpretations, possibly allowing for the misuse of this power. The lack of clarity might lead to inconsistent applications across different states, thereby affecting uniform voting rights.
In Section 3, the amendment suggests removing the phrase "or other crime" from the Fourteenth Amendment. However, this section does not provide sufficient context or rationale for the change. Without explanation, many might find it confusing, and it could have unforeseen legal and historical consequences.
Section 4 empowers Congress to create laws to reinforce the amendment. However, it doesn't specify how enforcement will be implemented, which could provoke ambiguity concerning checks and balances on congressional authority. This lack of detail may leave room for challenges in legislative interpretation.
Lastly, Section 1 could benefit from a more explicit definition of "legal voting age" to prevent potential discrepancies, as legal voting ages can vary by state and context.
Impact on the Public
The proposed amendment generally aims to solidify the right to vote for all citizens, which could have profound effects on enhancing democratic participation. For the general public, this bill may offer a more explicit constitutional guarantee of their right to vote in public elections. Such clarity could embolden voter confidence and participation, fostering a healthier democratic process.
Impact on Stakeholders
Voter Advocacy Groups: These groups might view the bill positively as it seeks to enshrine the fundamental right to vote at the constitutional level, potentially simplifying efforts to challenge voter suppression. However, they might be wary of the vague language in Section 2, which could hinder their advocacy for unrestricted voting rights.
State Governments: There might be a mixed response from state governments. On one hand, they could support the uniform federal standard for voting rights. On the other hand, they may express concern over the perceived loss of state autonomy due to the federal government's expanded role in legislating voting laws.
Legal Experts: Amendments to constitutional text always demand meticulous attention to wording. Legal experts might be divided, with some welcoming the intent but critiquing the drafting for its potential lack of clarity and precision, particularly the undefined terms and enforcement details.
Overall, while S. J. RES. 77 represents a significant step towards affirming voting rights, its effectiveness will largely depend on how its provisions are interpreted and implemented. The various ambiguities and lack of specificity present potential challenges that need to be carefully addressed to ensure the amendment achieves its intended positive outcomes for all involved stakeholders.
Issues
The language in SECTION 2 regarding 'compelling governmental interest' is vague and subject to varying interpretations, which could allow for potential misuse or conflicting application, affecting the fundamental right to vote across different jurisdictions. This is a significant legal and political concern.
SECTION 3 proposes the repeal of the phrase 'or other crime' from the Fourteenth Amendment without providing context or rationale. This lack of explanation could lead to confusion about the effects of this change, raising potential legal and historical implications.
SECTION 4 does not provide specific guidance on how Congress will enforce this amendment, which creates potential ambiguity and raises concerns about checks and balances. This could have fundamental political implications.
SECTION 1 could benefit from a more explicit definition of 'legal voting age,' as this can vary by state and context, potentially leading to inconsistencies. This is relevant to ensure clarity and uniformity in the application of the fundamental right to vote.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
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Summary AI
The proposed amendment ensures every U.S. citizen of legal voting age has the right to vote in public elections where they live, prohibits denying or limiting this right unless absolutely necessary for a significant government reason, repeals the phrase "or other crime" from the 14th Amendment, and empowers Congress to enforce these protections through legislation.
1. Read Opens in new tab
Summary AI
Every citizen of the United States who is of legal voting age has the right to vote in elections that take place where they live.
2. Read Opens in new tab
Summary AI
The section states that the right to vote for U.S. citizens cannot be taken away or limited by the United States or any state, unless it's necessary to achieve an important government goal and there's no less limiting way to do so.
3. Read Opens in new tab
Summary AI
The section repeals the part of the fourteenth amendment to the U.S. Constitution that includes the words “or other crime.”
4. Read Opens in new tab
Summary AI
The section states that Congress has the authority to create laws to enforce this article and ensure that the fundamental right to vote is not denied or limited.