some thoughts to consider
that perhaps have no connection with one another except that they are all rattling around inside my brain.
1. We do not have a constitutional right to vote. Yes, there are amendments that attempt to increase the ability of people to vote, but they are all phrased in the sense of that one cannot be denied the right to vote because of race, gender, age, or failure to pay a poll tax. But except for the provision of the 14th Amendment that says whatever proportion of male voters over 12 denied the right to vote for certain offices that state loses an equivalent proportion of its House representation (for how long not defined, nor has this ever been enforced), there is nothing constitutional that applies a penalty for denying someone the right to vote. This is one problem with addressing the recent voter id laws. It would be easier to push back were there a clear constitutional right to vote for any citizen over the age of 18 who has not explicitly lost the right to vote as the result of a felony conviction
2. We do not have a federal Constitutional right to a free public education. We have some federal statutes which entitle one to be educated in the least restrictive environment, but that presumes that there is a public education. Nor is there even in most states a clear definition of what a free public education should consist of.
3. We do not have a constitutional right to access to clean air or clean water, nor is there a clear responsibility to impose sufficient penalties or even application of costs for destruction of environment. If there were, how would mountaintop removal even be possible?
I have some more thoughts below the squiggle.
1. We do not have a constitutional right to vote. Yes, there are amendments that attempt to increase the ability of people to vote, but they are all phrased in the sense of that one cannot be denied the right to vote because of race, gender, age, or failure to pay a poll tax. But except for the provision of the 14th Amendment that says whatever proportion of male voters over 12 denied the right to vote for certain offices that state loses an equivalent proportion of its House representation (for how long not defined, nor has this ever been enforced), there is nothing constitutional that applies a penalty for denying someone the right to vote. This is one problem with addressing the recent voter id laws. It would be easier to push back were there a clear constitutional right to vote for any citizen over the age of 18 who has not explicitly lost the right to vote as the result of a felony conviction
2. We do not have a federal Constitutional right to a free public education. We have some federal statutes which entitle one to be educated in the least restrictive environment, but that presumes that there is a public education. Nor is there even in most states a clear definition of what a free public education should consist of.
3. We do not have a constitutional right to access to clean air or clean water, nor is there a clear responsibility to impose sufficient penalties or even application of costs for destruction of environment. If there were, how would mountaintop removal even be possible?
I have some more thoughts below the squiggle.