Subject: Re: [EL] photo IDs and detection of voter fraud
From: "David A. Schultz" <dschultz@gw.hamline.edu>
Date: 12/4/2010, 6:25 PM
To: "jon.roland@constitution.org" <jon.roland@constitution.org>
CC: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

Nice opinion but incorrect constitutional law.  The S.Ct. disagrees with you.


David Schultz, Professor
Editor, Journal of Public Affairs Education (JPAE)
Hamline University
School of Business
570 Asbury Street
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http://schultzstake.blogspot.com/

>>> Jon Roland 12/04/10 5:23 PM >>>
On 12/04/2010 04:53 PM, David A. Schultz wrote:
Voting is a fundamental right.
Nothing that is created by a constitution of government or that derives from one (statute, court decision), should be properly designated a "fundamental right". That term that should be reserved for rights arising from the pre-constitutional constitutions of nature, society, or the state (society in exclusive possession of a territory). Anything that is created by legislative enactment can be destroyed by repeal or rescission of that enactment, and that includes written constitutions of government. A better word for such is "privilege".

-- Jon

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