In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

This article advances three claims. The first is that the standard instrumentalist case for minimal age and sanity requirements for voting is weak and inconclusive in such a way that the evaluation of such requirements should be made exclusively on the basis of procedural fairness considerations. The second claim is that fairness requires the inclusion of all and only those persons who have the franchise capacity: the minimum necessary cognitive and moral powers to experience the benefits of enfranchisement. The third (...) and final claim is that current age and sanity prerequisites for voting in most places fail to comply with the demands of fairness and ought to be revised. (shrink)

After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessarily overlap with the durationof the other sanctions visited upon them. Thesearguments also imply (...) that the state isjustified in attempting to exclude theoffenders in question from all forms ofpolitical participation, a position thatarguably runs afoul of moral limits onpunishment. The second group of arguments makesexplicit reference to the justifying aims ofpunishment. None supports the blanketdisenfranchisement of felons, though some mayjustify it in relation to some seriousoffenders for certain periods of time. All ofthe arguments supporting the disenfranchisementof serious offenders are most persuasive on theassumption that they live in reasonably justsocieties that are genuinely democratic. Ifthat assumption is false or questionable, thenit is argued that the force of such argumentsmay be weakened considerably. (shrink)

After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessarily overlap with the durationof the other sanctions visited upon them. Thesearguments also imply (...) that the state isjustified in attempting to exclude theoffenders in question from all forms ofpolitical participation, a position thatarguably runs afoul of moral limits onpunishment. The second group of arguments makesexplicit reference to the justifying aims ofpunishment. None supports the blanketdisenfranchisement of felons, though some mayjustify it in relation to some seriousoffenders for certain periods of time. All ofthe arguments supporting the disenfranchisementof serious offenders are most persuasive on theassumption that they live in reasonably justsocieties that are genuinely democratic. Ifthat assumption is false or questionable, thenit is argued that the force of such argumentsmay be weakened considerably. (shrink)

A minimum voting age is defended as the most effective and least disrespectful means of ensuring all members of an electorate are sufficiently competent to vote. Whilst it may be reasonable to require competency from voters, a minimum voting age should be rejected because its view of competence is unreasonably controversial, it is incapable of defining a clear threshold of sufficiency and an alternative test is available which treats children more respectfully. This alternative is a procedural test for minimum electoral (...) competence. A procedural test for minimum electoral competence also succeeds in fulfilling adults’ duties to promote children’s rational and moral engagement with democracy. A minimum voting age should therefore be rejected, all things considered. A procedural test for minimum literacy and independent voting is the most justified means to ensure competency from voters and to promote the democratic agency of children. (shrink)

This chapter contains sections titled: The Ideal of Democracy In Favor of Instrumentalism The Instrumentalist Case against Democracy Democracy and Mutual Respect Rights, Disagreement, and Democracy Political Liberalism The Ideal of Democratic Equality Conclusion Notes.

In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how idealized (...) discussions of deterrence, rehabilitation, and retribution often ignore the relationship between punishment and social/political power, and thus systematically obscure morally significant aspects of our broader penal practices. (shrink)