Nineteenth Amendment
They thought we were a joke
They tried to dash our hopes
With every word they spoke
They tried to revoke
A woman’s right to vote
But we made it
Voter suppression (revoking the right to vote) is still with
us, and that also isn’t a joke.
“Representatives shall be apportioned among the
several States according to their respective numbers, counting the whole number
of persons in each State, excluding Indians not taxed. But when
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, is
denied to any of the male inhabitants of such State, being twenty-one years
of age, and citizens of the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of representation therein
shall be reduced in the proportion which the number of such male citizens
shall bear to the whole number of male citizens twenty-one years of age in such
State.”
This is the text of Section 2 of the Fourteenth
Amendment to the US Constitution (emphasis added). Voter suppression laws directly affect the apportionment
of seats in Congress. The suppression of
any voter reduces the population that is used in the apportionment of congressional
representatives. Before any apportionment
is undertaken, the impact of voter suppression laws must be considered.. An argument will be made that over suppression
laws do not DENY the right to vote, they make the right to vote more difficult. However if any voter suppression law is
intended to deny individuals their right to vote, it should be considered in any
apportionment.
While the text of the Fourteenth Amendment
refers to male citizens, the Nineteenth Amendment must be considered to change this
to also include female citizens.
While the Supreme Court may have ruled in Shelby vs. Holder that, under the Voting Rights Act of 1965, Congressional oversight of mapping of the districts in which the congressional representatives are elected was no longer appropriate, this does not remove Congress’s responsibilities for the apportionment itself that determines the number of those representatives. While Congress may have made the apportionment process automatic following a decennial census, this only determines the total population. The Census does not report on the voters who have been denied the right to vote. This still must be considered before any congressional reapportionment can be determined, or the joke is on us, the voters.