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Danielle Allen's avatar

Hey friends, I'm grateful to see all this engagement! I haven't had a chance to read through all your comments yet, but I will sit down this weekend and do so. I know we're all thinking hard about questions of design and how to find mechanisms fit for the purpose of protecting all of us from arbitrary power in 21st century conditions.

Jack Jordan's avatar

Doesn’t the First Amendment bar Congress from outlawing ranked-choice voting in state elections for national offices? The First Amendment clearly established and emphasized that “Congress shall make no law . . . abridging the freedom of speech.” Voting is a particular kind of speech. It’s also a particularly powerful and particularly protected kind of speech. The right to vote is so important that it is mentioned more often in our Constitution than any other right. It’s addressed expressly and specifically in Amendments XIV, XV, XIX, XXIV and XXVI.

The right to vote also is secured by requiring elections within certain periods. Article I requires that every two years the entire House and 1/3 of the Senate be elected. Article II requires that the president and vice president be elected every 4 years.

The right to vote also is addressed more generally, albeit by a different name, in Amendment I ("the freedom of speech"). The right to vote also is addressed expressly, albeit by a different name, in the powerful and famous second sentence of our 1776 Declaration of Independence: “to secure [our] Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.”

Twelve years earlier, Montesquieu, in The Spirit of the Laws” emphasized the reason for the foregoing. "In a democracy the people are in some respects the sovereign, and in others the subject" (of the laws). "The freedom of every citizen constitutes a part of the public liberty; and, in a democratical state, is even a part of the sovereignty [of the people]." "[T]he enjoyment of liberty, and even its support and preservation, consists in every man’s being allowed to speak his thoughts and to lay open his sentiments."

The "exercise of sovereignty" by citizens is most clearly "by their suffrages, which [is an expression of citizens’ sovereign] will: [by voting and other exercises of the freedom of expression] the sovereign’s will is the sovereign himself. The laws, therefore, which establish the right of suffrage, are fundamental to this government" so it is "important to regulate, in a republic, in what manner, by whom, to whom, and concerning what, suffrages are to be given."

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