15 October 2008

Disparate Impact And The Voting Age

Ilya Somin, a law professor who was probably a bright kid, makes an argument for kids who can pass, for example, a civics test to be allowed to vote.

The main objection to giving children the vote is that they lack the knowledge to make informed choices. Of course the same is true of most of the adult electorate, who are rationally ignorant about politics and public policy, and often don’t know even very basic facts. Nonetheless, it’s probably true that the average child knows a lot less about politics than the average adult, and that may be a good reason to deny most children the franchise. But why deny it to all of them? If a minor can pass a test of basic political knowledge (say, the political knowledge equivalent of the citizenship test administered to immigrants seeking naturalization), why shouldn’t he or she have the right to vote? Such a precocious child-voter would probably be more knowledgeable than the majority of the adult population. Giving her the right to vote would actually increase the average knowledge level of the electorate and thereby slightly improve the quality of political decision-making. I’ve met twelve-year-olds with far higher levels of political knowledge than that of the average adult. You probably have too.

Once the knowledge objection is off the table, all the arguments for giving adults the right to vote also apply to sufficiently knowledgeable children. Like the adults, children have a claim to the franchise because government policies affect them too, because otherwise their interests might be undervalued in the political process, because it affirms their status as citizens with equal rights, and so on.

Obviously, there might be some difficult administrative issues. For example, we might not trust the government to put together an adequate knowledge test. But I don’t see any principled reason to deny the franchise to children whose political knowledge is greater than that of most adult voters. [The Volokh Conspiracy - Should (Some) Children Have the Right to Vote?]

Except for the fact that it’s in the Constitution, which would have to be amended, I don’t see a principled objection to it. And the Constitution has been amended in my own lifetime to change the voting age.
In Robert Heinlein’s Starship Troopers, which famously suggested limiting the franchise to people who were willing to perform a term of military or service, Heinlein has a “History And Moral Philosophy Teacher” say

“All systems seek to achieve [ stable and benevolent government.]by limiting franchise to those who are believed to have the wisdom to use it justly. I repeat ‘all systems’; even the so-called ‘unlimited democracies’ excluded from franchise not less than one quarter of their populations by age, birth, poll tax, criminal record, or other.”

Major Reid smiled cynically. “I have never been able to see how a thirty-year old moron can vote more wisely than a fifteen-year-old genius . . . but that was the age of the ‘divine right of the common man.’

But Ilya Somin hasn’t mentioned the main obstacle to this system–“disparate impact” theory. If we started giving civics tests to fifteen year olds I can guarantee you that whites and Asians would pass them more often than blacks and Hispanics. And that means that Supreme Court would come down heavily on it, as they always do when there’s high stakes test that displays racial disparitiest.

Shout Of “Kill Him” At Rally Directed At White Murderer, Not Black Candidate

Kathy Shaidle writes

Both the Washington Post and The New Republic (two reliably liberal publications) insist that the idiot who yelled “Kill him!” at a Palin rally was referring to unrepentant domestic terrorist, would-be serial killer and Obama supporter Bill Ayers, NOT to Obama himself.

But Obama’s rabid supporters won’t let the facts get in the way of another good smear.

I’ve got the story up now at Examiner.com.

And why would people in crowds be yelling “Kill him” about Bill Ayers? Because Ayers got away with murder, that’s why. And while I’m not advocating that anyone attack him, I would have no problem with the Federal Government trying, convicting and executing him for the various capital crimes he and the Weather Underground committed.

Listen To Peter Brimelow On Lou Dobbs Radio After 3:00 EST

Peter Brimelow will be on Lou Dobbs Radio after 3:00 EST. You can go here to listen to them discuss the bipartisan refusal to talk about illegal immigration, a huge issue and the subject of huge legislative battle just last year. Dobbs writes

PETER BRIMELOW, the editor of VDARE.com, will weigh in on the issue that Senators McCain and Obama have dodged routinely during the 2008 presidential campaign: illegal immigration.

As always, Lou will be taking your calls to discuss the issues that matter most to you and get your thoughts on the direction America is heading. Call Lou toll free on the Independent Hotline at 877-55 DOBBS.

San Francisco To Keep Issuing ID Cards To Illegals

The open-borders theme park that is San Francisco has fluffed up its welcome mat for illegal alien criminals. The plan to issue identification to city “residents” with no other ID (illegal aliens) will go forward because the lawsuit filed by The Immigration Reform Law Institute against the practice has been thrown out of court.

The ruling was a victory for city officials looking to implement the ID card program, which the Board of Supervisors approved in November but Mayor Gavin Newsom put on hold in August to make sure it complies with state and federal laws. Newsom’s move came after a series of Chronicle articles explaining how the city regularly shielded young illegal immigrants from deportation after they were found guilty of felony crimes. That practice has since been stopped. [...]

This is simply a step in a long process,” said Patrick Skain, a former San Francisco firefighter who brought the lawsuit along with others. “We’ll review what took place today and look at the nuances of the arguments and make a determination from there.”

Skain and others argued that the ID program amounted to aiding and abetting illegal immigration and would lead to information being withheld from federal authorities probing such crimes. [Judge tosses challenge to S.F. plan to issue illegal immigrants ID cards, By John Coté, San Francisco Chronicle, October 15, 2008]

Hopefully an appeal to the ruling will be forthcoming.