• Registered: 05-03-2009
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Topic: The Unconstitutional Voting Age

The United States Constitution provides that "[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land", in short, any treaties made are on equal level with the constitution itself. One such treaty is the Universal Declaration of Human Rights, ratified by the United States on 10 December 1948. Article 21 of the Declaration provides that "everyone has the right to take part in the government of their country, directly or through freely chosen representatives". Therefore, limiting the right to vote of those under ANY age is a violation of the Constitution.

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  • Registered: 05-03-2009
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Re: The Unconstitutional Voting Age

You've noted that this argument failed as an assertion of womens' suffrage rights in the SCOTUS case Minor v. Happersett, haven't you?

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  • Registered: 05-03-2009
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Re: The Unconstitutional Voting Age

You realize the Universal Declaration of Human Rights didn't exist in 1874, right?

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  • Registered: 05-03-2009
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Re: The Unconstitutional Voting Age

maxh wrote:

You realize the Universal Declaration of Human Rights didn't exist in 1874, right?

I'm a bit dubious of what application that will have to our Constitution, particularly given the prevalence of vulgar nationalism here.

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  • Registered: 05-03-2009
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Re: The Unconstitutional Voting Age

Given that the UDHR is an international treaty ratified by the United States, it has equal status with the constitution.

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  • Registered: 01-06-2010
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Re: The Unconstitutional Voting Age

Except that as a sovereign nation we will always hold the right to cancel any treaty or agreement we make with another nation or confederation of such. As such, no document, no matter who signs it, can ever trump the constitution in this nation.

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  • Registered: 05-03-2009
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Re: The Unconstitutional Voting Age

"This Constitution...and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land."

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  • Registered: 05-09-2009
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Re: The Unconstitutional Voting Age

Actually, the Supreme Court has ruled that all treaties are only the Supreme Law of the Land in as much as they comply with the constitution (that is, if a provision of the constitution is contradicted by a treaty, the treaty is not valid - or at least that portion of it).  Because of that, it could be argued that the subsequent amendment to the constitution saying that all people 18 and older must be allowed to vote, nullifies that portion of the treaty (at least with regards to a voting age).  The reasoning would be that, by not banning nor forcing states to allow people 17 and under to vote, it allows the government to ban people under 18 from voting.  Therefore (if my post is the least bit legible) the portion of the treaty you quoted is in contradiction of the constitution, and therefore that portion is not valid under US law.

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  • Registered: 09-19-2010
  • Posts: 13

Re: The Unconstitutional Voting Age

I always thought there was a minimum voting age even from the start of this.

I don't really want babies voting so there should be some standards set for getting the vote. I am aware that immigrants need to pass a citizenship examination to become citizens from abroad, so how about applying that to local populace who can take the test whenever they like?

If we have problems like indept elementary schoolers passing a too-easy test we can always make it harder, right?

Or perhaps, to reflect education, we could give multiple votes, each for passing successfully harder examinations or requirements, like 1 vote for easiest, 2 for medium, 3 for hardest requirements?

It would make things more complicated for sure, but if we're going to use testing to bestow votes I don't see why it can't be incremental.

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  • From: Mountain View, CA
  • Registered: 04-23-2011
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Re: The Unconstitutional Voting Age

This is a good point. The 26th amendment leaves a void, and a treaty could make voting a right for that void without directly violating the constitution. Even the constitution itself seems to point to votes for children.

http://www.asfar.org/forums/topic/107/c … oting-age/

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  • From: Mountain View, CA
  • Registered: 04-23-2011
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Re: The Unconstitutional Voting Age

I talked to a lawyer, and though he agrees about the clause you mentioned in the constitution, he doesn't think that the Universal Declaration of Human Rights holds the force of international law.

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