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The constitutionality of political participation: Can all of us participate in American democracy?"

Kenneth Nilsen, Dean of Student Life

Issue date: 9/14/07 Section: Opinion
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The ability for all to participate in the political process of the American Democracy is based upon the Preamble to the US Constitution: "We the People." When these words were originally written they were not inclusive of all citizens of the United States. The "People" were those who were landowners and were permitted to vote and hold office, thus the participation of the eligible voters in the political process was an expectation. The evolutionary development of the US Constitution has eradicated many of the exclusions that once prevented individuals from participating in the democratic process. These changes came about by individuals actively engaging the established and entrenched systems and mobilizing the ostracized. The majority of the seventeen subsequent amendments to the Bill of Rights afford individuals more "civil and political liberties." Citizens could no longer be denied the right to vote because of their race, color, previous slave status, gender and the requirement of paying taxes.

The ability to vote is an ongoing struggle. As society has become more complex, different groups of individuals have been prevented from participating in the democratic process. Veteran groups identified homeless veterans as being a group of individuals unable to register to vote. The State of New Jersey now allows individuals who are homeless to register to vote. This is not the case in all states. Bills have been introduced at the federal level allowing homeless individuals the right to vote, but the bills has never gained enough bi-partisan support to get out of committee. The second group of citizens who is prevented from participating in the democratic process is those individuals who have been convicted of a felony. In the State of New Jersey, you lose the right to vote when you are serving a sentence or on parole and/or probation, because of a conviction of an indictable offense under state or federal law. Your right to vote is returned by the State of New Jersey, if you are no longer serving a sentence or on parole and/or probation. This is not the case in all fifty states. Individuals are stripped of their right to vote when they are convicted of a felony, even after the individuals has "paid his dues to society." The right to vote should not be left in the chambers of the state legislatures. A new Voter's Rights Bill should be introduced into Congress that would give individuals who do not have a permanent address to ability to register to vote anywhere they choose. Accordingly, individuals who have served their time in jail should be afforded all of their voting rights when they have completed their sanction.

It is every citizens of the United States right and responsibility to participate in the democratic process. Participating is much more then voting. It includes demonstrating in public, criticizing the government and its decisions, lobbying or advocating elected officials for your interest and running for office. These are just a few more ways individuals can be involved in the American Democracy. The Abolitionists were not all white male landowners. Women did not a have a say in who was elected to local, state and federal positions. Clarification of the Constitution came about through active participation in the democratic processes of America. The passage of Amendments to the Constitution has reversed previous flawed or unsubstantiated decisions of the government.
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