“The right to vote in the Constitution is never framed in the affirmative,” said Richard L. Hasen, the Gary T. Schwartz Endowed Chair in Law, a professor of political science and the director of the Safeguarding Democracy Project at UCLA School of Law.
Hasen delivered the 68th Henry J. Miller Distinguished Lecture on Wednesday, September 25, 2024, at Georgia State University College of Law to a packed room.
His lecture entitled “A Real Right to Vote,” emphasized the many vulnerabilities to American citizens’ voting rights, which are often taken for granted.
Richard L. Hasen, Gary T. Schwartz Endowed Chair in Law, professor of political science and director of the Safeguarding Democracy Project at UCLA School of Law
He opened his talk with a historical illustration of Virginia Minor, a resident of St. Louis, Mo., who filed suit after being denied the opportunity to register to vote in the 1872 general election. Minor argued that the Constitution afforded her the same rights and privileges as every other citizen, voting included. Though the case made it before the United States Supreme Court, the court unanimously held that the Constitution does not explicitly confer voting rights.
Many Americans interpret the 15th and 19th Amendments as granting voting rights to previously disenfranchised citizens. Hasen further highlighted the ways that even these only prohibit discrimination based on factors such as race and sex.
“Our original constitution did not give people the right to vote for President or for Senators,” he explained. “So, what I want to talk about today is why we need to put an affirmative right to vote, that's what I mean by a ‘real right to vote,’ in the Constitution.”
Hasen argued the importance of codifying an affirmative right to vote for its impacts on political equality, lowering the temperature in what he called the “voting wars” and limiting the risk of potential future election subversion.
As Hasen frequently pointed out in examples throughout his lecture, historical changes in voting rights most often come through state-by-state efforts, and he advocates for a similar long-term strategy, recognizing the difficulty of amending the U.S. Constitution.
“I don't think we are going to get a right-to-vote amendment in the U.S. Constitution anytime soon, but we have to think about it as a long-term strategy,” Hasen said.
Students, faculty, alumni and friends of the college attended the 68th Miller Lecture.
With more than 65 law students attending the lecture alongside faculty, alumni and friends of the college, Hasen demonstrated the future impact their education could have on the laws that govern voting in the United States.
“Professor Hasen’s focus on the crossover between politics and the law puts in context exactly how important it is that students participate in conversations about positive change in voting law despite our political differences,” said A.K. Vance Lange, editor-in-chief of the Georgia State University Law Review. “I am grateful that the College of Law provides students with opportunities to learn from prominent experts like Professor Hasen, who reminds us that as elections come and go there are many ways to continue to impact the voting process, including joining the pursuit of a Constitutional amendment codifying the right to vote.”
College of Law faculty and administration selected the speaker for the Miller Lecture to highlight the scholarship of a thought leader in significant areas of interest to the profession. As the 68th lecturer, Hasen adds his name to a distinguished list of scholars, jurists and journalists, including Supreme Court Justices Ruth Bader Ginsburg, Antonin Scalia, Sandra Day O’Connor and John Paul Stevens.
Associate Professor Deepa Varadarajan, speaker Richard L. Hasen, and Interim Dean Courtney Anderson at the 68th Miller Lecture.
“As an internationally recognized expert on election law, Professor Hasen’s lecture could not be more perfectly timed,” said Associate Professor of Law Deepa Varadarajan, who chaired the Miller Lecture Speakers Committee.
“Delivered just a few weeks before an incredibly consequential election in this country, his lecture reminds us of the barriers to voting that many Americans have faced throughout history and offers important insight about how our democracy can do better in ensuring that all eligible voters have a meaningful opportunity to vote,” she said.
The Henry J. Miller Distinguished Lecture Series is supported by the Charles Loridans Foundation Inc. and named for the late Henry J. Miller, a partner in the law firm of Alston & Bird for more than 50 years. Miller garnered an extensive list of achievements through his legal career, including being designated as the amicus curiae of the Supreme Court of Georgia for his distinguished service and contribution to the improvement of the administration of Justice.