MoonGateClimber wrote:
I am amazed that these things be determined by a photo ID. Your argument is inconsistent. If you are going to claim that obtaining ID's disenfranchise the poor then it must apply to all rights, or are some rights more equal than others?
This is absolutely so.
There is only one right that is absolute: the right to freedom of thought, belief and opinion (to use the Canadian formulation of that right). This is the only right that cannot be curtailed by the operation of law. Every other right is subject to limits, and the extent to which those limits are permitted gives an insight into the relative strength that those rights carry.
Now, when courts are deciding whether those limits are reasonable or not, there are a number of factors that come into consideration, and included in that consideration is the nature of the right being infringed and the gravity of that infringement.
The right to vote is fundamental to a Parliamentary democracy or a republic, ranking right up there with free expression and a free press. This right goes directly to the legitimacy of the institutions that create and protect all of the other rights that flow from that sovereignty.
Denying someone the right to vote is a total extinguishment of that right. Contrast that with prohibiting a person from yelling, "Fire!" in a crowded theatre. That restriction does not fundamentally alter the freedom that the person has, otherwise, to public expression, and the prohibition sits squarely within a government interest in protecting the public peace.
But taking away someone's vote is complete. There's nothing left. That should only be permitted where there is a compelling public interest to be served. If the government cannot demonstrate such a compelling interest, then the standard of protection of the right infringed is going to be significantly higher.
_________________
--James