January, 6, 2005
Don't
be confused or misled. Today's objection is not about an election
result, it's about an election system that's broken and needs fixing.
Today
you're hearing the facts about voter irregularities in Ohio. In 2000
you saw a similar mess in Florida. There were serious voting problems
in other states - for example, New Mexico, Nevada and Florida again.
As
we try to spread democracy to Iraq, Afghanistan and elsewhere, it might
be wise, first, to look in the mirror; to take a serious look at our
own house; and to analyze our own democracy.
What's wrong with
our democracy? What's wrong with our voting system? State-after-state,
year-after-year, why do we keep on having these problems?
The
fundamental reason is this: most Americans and many in this body will
find it shocking and hard to believe, but we have these problems
because Americans don't have the right to vote in their Constitution!
In 2000, the U.S. Supreme Court in Bush v. Gore said in very plain
language, "the INDIVIDUAL CITIZEN has no federal constitutional right
to vote for electors for the President of the United States." You say,
"Congressman, I'm a registered voter and every time there's an election
I'm entitled to vote - and I vote. What do you mean I don't have a
'right to vote'?"
I mean as an American you don't have a
citizenship right to vote. Voting in the United States is a "state
right" not "citizenship right."
We keep on having these
problems because our voting system is built on the constitutional
foundation of "states' rights" - 50 states, 3,067 counties and 13,000
different election jurisdictions, ALL SEPARATE AND UNEQUAL.
If
you're an ex-felon in Illinois you can register and vote. If you're an
ex-felon in eleven states, mostly in the South, you're barred from
voting for life. There are nearly 5 million ex-felons who have paid
their debt to society but are prohibited from ever voting again -
including 1.5 million African American males. But in Maine and Vermont
you can vote even if you're in jail. Like I said, we have a "states
rights" separate and unequal voting system.
You ask, "What's the difference between a citizenship right and a state right?"
The
First Amendment contains individual citizenship rights that go with you
from state to state (that is, they are the same wherever you are in the
U.S.); and they are protected and enforced by the federal government.
You have equal protection under the law by the executive, legislative
and judicial branches of the federal government.
Therefore, as
a result of the First Amendment, every American citizen has an
individual right to free speech, freedom of assembly, and religious
freedom (or to choose no religion at all), regardless of which state
you're in - individual rights that are protected by the federal
government. You don't have such a right when it comes to voting!
A
state right is NOT an American citizenship right, but a right defined
and protected by each state - and limited to that state. Therefore,
when it comes to voting, each state, county and election jurisdiction
is different.
One-hundred-and-eight of the 119 nations in the
world that elect their public officials in some democratic manner have
the right to vote in their Constitution - including the Afghan
Constitution and the interim document in Iraq. The United States is one
of the 11 that don't!
The Bible says if you build a house on
sand, when it rains, the winds blow and the storms come it will not
stand. Our voting system is built on the sand of "states' rights."
That's
why every four years when the entire nation is focused on a
presidential election, and the rain of politics, the winds of
partisanship, and the storms of campaigning come, our democratic house
cannot stand the unitary test of voting fairness - and it has come
close to collapsing in 2000 and 2004.
The American people are
gradually losing confidence in the credibility, fairness, effectiveness
and efficiency of our voting system. We cannot export our current
voting system or our form of democracy to other nations because our
"separate and unequal" voting system, and our concept of an Electoral
College, do not reflect the best of a representative democracy. We need
to build our democracy and our voting system on a rock, the rock of
adding a Voting Rights Amendment to the U.S. Constitution that applies
to all states and all citizens.
We need to provide the
American people with a citizenship right to vote and provide Congress
with the authority to craft a unitary voting system that is inclusive
of all Americans and guarantees that all votes will be counted in a
complete, fair and efficient manner.
It's the only foundation upon which we can build a more perfect Union.
Every
two, four or six years every member of Congress wants the people in
their district or state to stand up and vote for them. Today it's time
for every member of Congress to stand up and vote for the right of the
people to vote, and to have their vote fairly and fully counted.