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Bob Cesca

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Republicans Have Made It Harder to Vote, Easier to Buy Guns

Posted: 07/25/2012 4:22 pm

Technically, the U.S. Constitution doesn't guarantee the right to vote. It seems odd, considering all of the various other rights, guarantees and structural details enumerated in the document, but it doesn't.

That said, there are amendments that provide reasons why certain groups of people can't be denied suffrage. In other words, there's nothing that says, "All Americans have the right to vote." Yet there are passages that say, Americans can't be denied the right to vote because of [race, gender, etc...]

The 15th Amendment, for example, reads as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

Throughout a series of amendments, such as the 15th, 17th (popular vote for Senate seats), 19th (women's suffrage), 23rd (D.C. vote for president) and 26th (voting age), the Constitution repeatedly deregulates voting -- it expands rights to those who had been previously disenfranchised either by exclusion or state laws.

Around 10 states have made it prohibitively difficult for as many as five million Americans without adequate financial means to vote through an array of restrictive Voter ID laws that force citizens to attain a government issued photo identification card, often with a fee attached along with whatever financial losses are incurred due to missed work and the cost of transportation to and from the government office.

So what we've seen over the last two years are Republican lawmakers who have passed multiple forms of legislation that force Americans to get an additional license from the government in order to vote -- on top of the pre-existing voter registration process. These new laws in effect add a second layer of government approval and regulation in order to vote. In Mississippi, for instance, the Voter ID law, which has yet to be approved by the federal government under the Voting Rights Act, requires that a birth certificate be presented in order to attain an ID. But Mississippi law also requires a photo ID in order to be issued a birth certificate copy.

Imagine you're 94 years old and you've voted in every election since 1936. You don't drive. And you live more than a dozen miles from the nearest government services office. And now, in your home state of Pennsylvania, Republican leaders (who have admitted to conspiring to disenfranchise Democratic voters) have passed a law mandating that you somehow have to attain a government identification card if you'd like to vote again.

This is the story of Bea Bookler, 94 years old, of Devon, Pennsylvania who, after all these years, has to somehow find a ride to the nearest DMV, then has to stand in interminably long and potentially confusing lines for hours on end, in order to retain her well-worn right to vote.

"How would I get there and how would I manage to stand in a line?" says Bookler, who uses a walker. She says she can barely make it to the polling place next door to her retirement community. She also doesn't understand why she has to go to all this trouble in the first place. She already has a voter registration card.

"I have an ID which says I am registered to vote in Chester County. There is no reason why I should need anything else. It's an outrage," she says.

There must be a serious voter fraud crisis in Pennsylvania that prompted lawmakers there to pass through another bureaucratic level of hell in order to vote. But there's not. The commonwealth is being sued by the ACLU and the NAACP, and in a pre-trial agreement, Pennsylvania admitted to it.

"There have been no investigations or prosecutions of in-person voter fraud in Pennsylvania; and the parties do not have direct personal knowledge of any such investigations or prosecutions in other states," the statement reads.

According to the agreement, the state "will not offer any evidence in this action that in-person voter fraud has in fact occurred in Pennsylvania and elsewhere," nor will it "offer argument or evidence that in-person voter fraud is likely to occur in November 2012 in the absense of the Photo ID law."

In 2007, after a five year study, the George W. Bush Justice Department determined that organized voter fraud was nonexistent.

Okay, so why the Voter ID laws? Obviously to disenfranchise voters who are more likely to vote Democratic (see also Mike Turzai).

According to the Brennen Center for Justice, millions of legitimately registered voters could be turned away at polling places this November:

--Nearly 500,000 eligible voters without cards do not have access to a vehicle, and many live in rural areas without public transportation access. --1.2 million black voters and 500,000 eligible Hispanic live more than 10 miles from state offices issuing free IDs. --People of color are more likely to be disenfranchised by these laws since they are less likely to have a photo ID than the general population.

But if we want to buy a handgun or a box of high capacity magazines loaded with deadly rounds of ammunition that allow us to fire at length in the direction of, you know, deer, turkeys and foreign invaders (yeah right) these exact same Republicans have told us that we should be allowed to do so without government interference and regulations.

In other words, the Republicans have actively been campaigning to make it easier to build an arsenal while making it more difficult to cast a ballot on Election Day.

It's because of various legal loopholes and gaps in the system that James Holmes was able to stockpile his arsenal. He ordered his ammunition and ballistic armor online without restrictions, and he purchased his firearms from various retail gun stores. There aren't any laws against buying bullets, save for armor-piercing bullets which remain illegal, so he was really able to stock up with enough ammunition to fill those controversially large magazines. The AR-15 semiautomatic assault rifle that Holmes bought in a store following (we presume) a background check was formerly illegal under the 1994 assault weapons ban, but the Bush era Republican Congress allowed that law to expire in 2004, making it possible for Holmes and others to buy them anywhere.

The NRA and the Republicans have historically refused to allow more regulations to be passed, such as closing the gun show loophole that allows the unfettered purchase of firearms without background checks at various trade shows, while allowing old regulations to expire.

Why? The Constitution, they say. Specifically the 2nd Amendment. Let's review the text: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

The third word in the amendment is "regulated." And not just "regulated" but "well regulated," meaning thoroughly regulated. A variation of the word "regulation" is right there in the line of the Constitution that the NRA and Republican Party hold so sacred. So it can be argued that the 2nd Amendment calls for regulation of militias composed of citizens who own firearms. What else besides arms could the framers have intended to be regulated in the context of militias? The tri-corner hats? The pantaloons? The charming regional colloquialisms? Yes, people can "bear arms" (I don't know if the framers envisioned AR-15 rifles and high capacity magazines) but they can't bear arms without being well regulated, say nothing of the fact that government-raised militias are totally extinct making the 2nd Amendment almost completely irrelevant.

Bottom line: the Republicans are only selectively dedicated to the Constitution.

They see "the right of the people to bear arms" while they deliberately ignore everything else surrounding those words. Likewise, they've systematically passed new versions of poll taxes without bothering to read the 24th Amendment: "The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax."

And yet they're passing Voter ID laws, which the attorney general of the United States has in no uncertain terms defined as poll taxes.

In a Republican world, it's mandatory for government to regulate voting even though the Constitution repeatedly deregulates voting, while it's a trespass against patriotism and the framers to regulate firearms, even though the Constitution explicitly calls for firearms to be "well regulated." Anyone who tells us that owning an AR-15 assault rifle should be easier, while voting in an election should be more difficult needs to be repeatedly questioned about his or her utterly backwards priorities. Sadly, this is the direction we're headed: a direction in which violent means are deregulated and non-violent means are restricted.

Crossposted at The Daily Banter.
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05:20 PM on 09/08/2012
Why does no Democrat point out that if Bush had not been stopped by the Dems congress, Social Security would have been privatized and gone down the drain when the economy tanked?
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Gary Brooks
01:04 PM on 08/09/2012
Gun Control worked well for the jews and the Polish , or did it work better for the GERMANS?
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That One
Birch, please!
11:41 AM on 07/29/2012
It's all part of their plan to recreate their heyday: the 1870s.
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colpy
11:40 AM on 07/29/2012
First of all, this guy needs to learn a little English language reading comprehension. In the Second Amendment, the declaratory phrase ".......the right of the people to keep and bear arms shall not be infringed", is in no way modified by anything that came before. Secondly, he needs to do a little research. In 1789, the word "regulated" did not have the same meaning as today.......it might be best translated a "facilitated".

Thirdly, he needs to consider what he is doing. The act of trying to subvert the rights "of the people" through playing with semantics is a very dangerous game played out at the top of a very slippery slope.

Fourth....want to end the right to keep and bear arms? Simple. Get a Constitutional amendment passed. If you can't do that, shut up, as that is the only legitimate way to get around "the right of the people".

And fifth: Is requiring ID at voting booths really an attack on democracy???
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Alexander Dunn
upright citizen of the world
12:28 AM on 08/09/2012
Interesting post, but - gun debate and control are not semantics.
Your fourth point is what should absolutely happen in the US. Having an amendment put into place would be a arduous and violent process. I always say that as US citizen living abroad, the world sees the American gun problem more clearly than many US citizens. And it is not looked upon favorably. America's standing and respect in the world, apart from its military might, has fallen to new lows. I know from personal experience and extensive travel that the gun issue is generally one of the first criticisms to arise. Yet they advocates will scream bloody murder that their guns will taken away and the US will devolve into a kind of hated socialist state like Canada or Europe, god forbid. This is an incredibly complex and heated issue and I appreciate reading comments that I may completely disagree with, but are delivered without the pro-macho, hateful language, and threatening verbiage of the hard right.
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Gary Brooks
01:08 PM on 08/09/2012
So what is your thought on this ? who benefited more from gun control back in the 40"s the jews and the Polish or the Germans , got a million reasons why it benefited the Germans ,
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legaleyeleft
Cons want Somalia here at home
10:27 PM on 08/09/2012
LOL. If the first clause itsn't modifying the second, then what is the first clause there for? Standing alone it makes absolutely no sense....Now THAT is an "English language reading comprehension" issue to wrap your brain around....
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colpy
08:24 AM on 08/10/2012
Sigh

Basic English Comprehension:

If I say to you "Because Grandma was out of bread, Little Johnny went to the store" does the fact Granny was out of bread change the fact Johnny went to the store?? 

No.

It might indicate the reason....to get bread, but it changes absolutely nothing about the declaratory phrase.  It doesn't meanm Little Johnny only bought bread, it doesn't mean little Johnny had to register his loaves of bread, and it most definitely doesn't mean Johnny was only allowed to go to the store to buy bread.

I think "the right of the people to keep and bear arms shall not be infringed" is pretty clear.

BTW, you do know the Militia consists of every able-bodied adult male, according to the US Code?

 
02:29 PM on 07/28/2012
NRA Repubs want voter qualification to be limited to an NRA membership card.
Hiker54
If we couldn't laugh we would all go insane
04:18 PM on 07/29/2012
Well, in Texas, a Concealed Handgun License would be an approved form of ID for voting.
02:06 PM on 07/28/2012
Republicans have made it easier to defend yourself and upheld the Constitution. They also have made it more sure that who you vote for gets elected instead of bought.
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That One
Birch, please!
11:42 AM on 07/29/2012
Isn't voting part of the Constitution?
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legaleyeleft
Cons want Somalia here at home
10:29 PM on 08/09/2012
Yeah, because all those poor rural Americans are really throwing TONS of money into this election. My gosh, don't they have unprecedented access to our politicians!?

Yep! Poor rural Americans are now no longer able to BUY our elections! That's what these laws are about.

Bravo.
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Medicine13ear
Joy cometh in the morning.
08:20 AM on 07/28/2012
Just a quick question for gun owners . . .

Are you in favor of limiting gun magazines to 7 rounds or fewer? Yes or no.

I've gotten YES and YES from two gun owners -- a Viet Nam vet and his wife.
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colpy
11:41 AM on 07/29/2012
no

and no.
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Gary Strawley
12:57 AM on 07/28/2012
The goptea are out to help the rich only! If you are not rich, please don't vote against your own familty!!!
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icefantx
The inquisition, what a show...
04:53 PM on 07/27/2012
Well said, Bob Cesca! It's past time for voters to wake up to the machinations of the right. So why aren't they waking up? Fear of the unknown can't be the only answer. Can it? Why are people so willing to believe the most obvious of lies?
01:38 PM on 07/27/2012
Members of "Zero Population Growth" an environmentally concerned group has long advocated that human population should not increase and so advocate limiting family size voluntarily to replacement. They would have been much more effective to disband that group and just join the National Rifle Association. Guns have done more to limit population growth than anything ZPG has done. Gun death is highest amongst young men --- the very group which is reproducing. Who knew that Republicans have been the biggest aid to limiting population growth!!!!!
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giftsthatpurr
zestful life
04:44 PM on 07/27/2012
The gun huggers will be after you for saying that! LOL
05:51 PM on 07/27/2012
Just among my small group of co-workers, one mother lost a son to suicide by gun, two mothers have lost sons to guns being brought to teenage parties and another co-worker lost a nephew when his girlfriend shot him during an argument not realizing the gun WAS REALLY loaded! An acquaintance from my son's school has a son whose testicles were eliminated due to a hunting accident. So ZPG is working ----just not by VOLUNTARILY limiting family size.
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ajm36
So I says to him, I said "Get your own monkey!"
01:03 PM on 07/27/2012
I guess Cesca is such a favorite son at HP that it gets your comments deleted when you call him a 3rd rate hack. Oh, great. Another 3rd rate partisan hack trying to unwind the "meaning" of the 2nd Amendment. Here's meaning for you: 31 states recognize an express, INDIVIDUAL right to bear arms in their respective constitutions. A prefatory clause need not constrain an operative clause. Indeed, that was the finding of SCOTUS in Heller. There is ongoing debate as to the meaning of the 2nd Amendment; however, there is no consensus. To my knowledge, there has never been a truly agnostic, historical review of the issue. What is clear is that more than 60% of the states recognize the right to keep and bear arms as a fundamental, individual right. You can whine and yell all you want about you're infantile interpretation of the prefatory clause, but Heller is the law of the land--your puerile view of the 2nd Amendment is unimportant. It also seem a little like a raving delusion when you try to tie 2nd Amendment issues in with voter ID.

As far as the issue of voter ID--well, even a blind hen finds a kernel every now and then. Admission by GOP operatives that voter ID is specifically meant to disenfranchise Democratic voters goes back to at least 2007: http://blog.chron.com/texaspolitics/2007/04/a-republican-his-mother-and-voter-id/
08:18 AM on 07/27/2012
Funny how you can amend the parts of the Consatution that support slavery, banned women from voting- outlawed and relawed- liqour, and a dozen other things but still use a weapons law crafted when the most advances small arm was a single shot flintlock rifle.
11:08 AM on 07/27/2012
You mean "lucky"! It's lucky we can change all that stuff that was bad, but keep good things like private gun ownership. Bad things happen sometimes...let's not blame inanimate objects.
05:13 PM on 07/27/2012
Yes, that is why nuclear weapons should be able to be owned by everyone. Nuclear weapons don't kill people, just people with nuclear weapons kill people.
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That One
Birch, please!
04:23 PM on 07/29/2012
Guns may work for you in the boonies but they're a disaster in Pittsburgh, Newark, Atlanta, Los Angeles...
04:13 AM on 07/27/2012
I appreciate your intelligence and welcome your posts
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giftsthatpurr
zestful life
02:25 PM on 07/27/2012
x2
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colpy
11:44 AM on 07/29/2012
lol!!!!
10:02 PM on 07/26/2012
In all honesty, it's not a crazy request these days for people to get an ID . . . this isn't the 1930s. It's laughable to me that the far left believes it is a hill to high climb (the left doesn't believe this because the polls show Democrats also support these laws).
08:14 AM on 07/27/2012
If you've never lived the life why are you commenting on it?
The act that is easier for YOU to do something dosen't apply to all Americans.
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68Namvet
Sioux, French, German, Jew, American mutt
12:13 PM on 07/27/2012
Right - every 94 year old should just skip on down to their local government ID office with all of their documentation to secure an ID. After all, just because they've voted in the last 36 congressional elections is no reason they should be allowed to vote anymore without a new form of identification.
02:17 PM on 07/28/2012
if they can skip down to the local voting booth they can skip down to the local courthouse and get an ID card..just saying!
09:27 PM on 07/26/2012
""A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."" Break it down this way for a fuller understanding of the legalities involved:

The first phrase, "A well regulated militia" states what is to be regulated: the militia. The second phrase, "...being necessary to the security of a free state" gives the reason for the militia being well-regulated.

But the last part is the crux of the matter: "...the right of THE PEOPLE to keep and bear arms shall not be infringed." NOT just the militia, but THE PEOPLE. That means ALL the People. We can reasonably exclude convicted criminals and those who are mentally unstable enough to exhibit violent tendencies.

We should also require that anyone who wants or needs a firearm must be fully trained on the proper and correct use and maintenance of that firearm, and be both psychologically and psychiatrically evaluated, on a yearly basis, for mental and emotional stability. If any of these proposed requirements are not meant, then ownership and possession of a firearm should be denied.
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Jim Pasterczyk
Banned!
04:57 AM on 07/27/2012
They should also be required to drill regularly on the proper use of their firearms in small infantry formations as the militia would when repelling invasion or putting down insurrection.
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maildarter
07:32 AM on 07/27/2012
Are you talking about the organized or unorganized militia ?
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giftsthatpurr
zestful life
02:28 PM on 07/27/2012
Well regulated is a key phrase.