Publication |
2009.
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Summary/Abstract |
"It is beyond cavil that 'voting is of the most fundamental significance under our constitutional structure'" (Burdick v. Takushi 1992, 433). Voting is particularly foundational "since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights" (Harper v. Virginia Bd. of Educ. 1966, 667). As Justice Kennedy dissented in Burdick (1992, 434), even depriving one voter of the exercise of the fundamental right to vote is too substantial an impact to withstand constitutional scrutiny.
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