by jshuberg on Fri Aug 16, 2013 7:23 pm
There are fundamental rights (described as Rights in the founding documents), and legal rights (described as Privileges in the founding documents). Referring to privileges as "rights" is a fairly modern development (1940s or 1950s I believe), and represents the devolution of the term to a less precise meaning.
Owning a firearm is a fundamental right. Voting is a legal right. They are entirely different things, as legal rights can and are denied entire classes of people, such as non-citizens. Fundamental rights by way of comparison are universally observed to be possessed by all people within US jurisdictions. Fundamental rights cannot be denied without individual due process, Constitutionally anyways. YMMV in the current post-constitutional government.
The "right" to vote is not granted by the Federal Government. It is granted by the state governments, and differ from state to state. The voter rights amendment simply provides a list of reasons that a state cannot use to restrict the privilege if voting, such as race, sex, etc. There is nothing that would prevent a state returning to restricting the privilege of voting to landowners, or taxpayers, etc.
The MN constitution, which is the legal document that established the ability to vote in the state, refers to it as an *entitlement*, which is a type of privilege where the government is compelled to provide a service to the people - in the case of voting, the service being the holding of elections.
In today's world, the term "right" is thrown around to describe many different types of things, and most people who use the term don't realize that the meaning of the word has changed over the history of the country, and currently is a blanket term used to describe many different and disparate things.
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