Re: Inconvenience does not equal disenfranchisement
by
Joe_JP
05/01/2008, 6:32 AM #
I cited Breyer's dissent. Souter's dissent also deals with the issue. You can read their discussion. But, some honestly don't seem to want to believe there is a problem, so assume it away.
The Constitution bars poll taxes (in some cases, expressly, in others, implicitly), for example, and a $12 fee to vote is enough. And, as the two dissents note, the procedures in place to get the id for the poor etc. and religious objectors to photographs are in practice complex, and a burden on the right to vote. Others have discussed this issue in the past on the fray, e.g., how actually dealing with the bureaucracy to get these things in practice is no easy thing as anyone who deals with it knows in a common sense way.
[again, as the dissents note, if the system of handing out id was handled differently, it might be workable. I say 'might' but anyway, it is more restrictive, including more restrictive than the Carter/Baker Commission suggested (commission cited by the plurality in support of ruling)]
A fundamental right that doesn't warrant such burdens for non-problems or tiny ones that can be dealt in less restrictive ways as spelled out by others.
-j