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Kansas Supreme Court finds Kansans have no ‘fundamental right’ to vote. What it means
Daily Item ^ | 5/31/24 | Chance Swaim and Jenna Barackman

Posted on 06/02/2024 10:37:41 PM PDT by CFW

The Kansas Supreme Court has ruled that voting is not a fundamental right protected by the Kansas Constitution.

The landmark decision on voting rights Friday is likely to weaken legal challenges to future voting restrictions in Kansas.

The majority opinion reversed a 2023 appeals court decision that recognized any restrictions on the fundamental right to vote would be subject to the highest legal bar for evaluation, or strict scrutiny.

Justice Caleb Stegall wrote for the majority, saying voting is instead a “political right” under the Kansas Constitution that has a lower bar for regulation than fundamental rights.

[snip]

Kansas Attorney General Kris Kobach and Kansas Secretary of State Scott Schwab, the defendents, touted the rulings as a victory for election integrity.

The decision clears a path for lawmakers and officials to pass laws and regulations limiting advance voting, access to the polls and mail-in ballots.

(Excerpt) Read more at dailyitem.com ...


TOPICS: Constitution/Conservatism; Front Page News; Politics/Elections; US: Kansas
KEYWORDS: courts; kansas; restrictions; votingrights
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To: CFW

Kris Kobach is touting this ruling, so it must be something good.


41 posted on 06/03/2024 5:37:57 AM PDT by Dan in Wichita
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To: CFW

Voting is a construction based on the type of government the population chooses to live under. Rights come from God with responsibilities. IF voting was a right you can’t take it away. rights are inalienable. cannot be separated from the person. I’m in favor of Voting being constructed around property ownership.


42 posted on 06/03/2024 6:01:28 AM PDT by kvanbrunt2
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To: T.B. Yoits

“That’s not true. Some states allowed both male and female voters...”

I am referring to when the Constitution was written and adopted in 1789. Only men could vote who owned land.

Why did it require a Constitutional amendment to allow women the vote if they were already voting?


43 posted on 06/03/2024 6:09:38 AM PDT by odawg
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To: odawg
When the Constitution was written and adopted, some states allowed women and blacks to vote.

https://www.amrevmuseum.org/virtualexhibits/when-women-lost-the-vote-a-revolutionary-story

The amendment to the Constitution was needed to restore the rights the Democrats took that away from them in the early 1800s.

44 posted on 06/03/2024 6:24:51 AM PDT by T.B. Yoits
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To: odawg

Also, don’t forget that men in the militia could vote, hence the numbers of men in the militia.


45 posted on 06/03/2024 6:34:09 AM PDT by T.B. Yoits
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To: Az Joe

All rights are reserved to that states and the people. Article X, Bill of Rights.


46 posted on 06/03/2024 6:34:31 AM PDT by TheWriterTX (🇺🇸✝️🙏🇮🇱)
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To: Skywise

I dislike the adjectives they use.

One should distinguish a natural right e.g life, liberty, pursuit of happiness etc.

From a civil right e.g voting, jury trial, legal representation etc.


47 posted on 06/03/2024 7:01:50 AM PDT by ALPAPilot
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To: yldstrk

Ditto. I know Kris. One of the most impressive people I have ever met.


48 posted on 06/03/2024 7:38:02 AM PDT by kabar
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To: Enterprise

I think they mean that a “right” that can be restricted in various ways is not a “fundamental” right, that is an unrestricted, foundation right.


49 posted on 06/03/2024 8:21:40 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
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To: Truthsearcher

If it were a fundamental right, then why wasn’t everyone allowed to vote?

They were not at first.

I don’t think women were allowed, or black people.

So politically, they were allowed as laws were passed.


50 posted on 06/03/2024 8:25:19 AM PDT by nikos1121
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To: TheWriterTX

“The mechanism we have chosen” is the key word here. Mechanism chosen is a political issue, it is negotiable, it is subject to change, therefore it is not fundamental, which are neither negotiable nor subject to change.


51 posted on 06/03/2024 10:05:27 AM PDT by Truthsearcher
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To: nikos1121

Those weren’t laws. Those were amendments to the constitution. Two different scenarios.


52 posted on 06/03/2024 2:10:23 PM PDT by SPDSHDW (Only peaceful solution is a national divorce. There is no harmony between the statists and the right)
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To: kabar

I think the fetishization of voting began under Clinton. This notion, that the most important thing is for every uninformed simpleton to cast a vote, is madness. To my mind, if you can’t be bothered to comply with simple rules the you’re too stupid or too lazy to govern my future


53 posted on 06/03/2024 4:32:23 PM PDT by j.havenfarm (23 years on Free Republic, 12/10/23! More than 8,000 replies and still not shutting up!)
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To: CFW

The left wants a fundamental “right” to cheat.


54 posted on 06/04/2024 5:52:08 AM PDT by fwdude ( )
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To: from occupied ga
The Declaration of Independence does not have the force of law. That’s the realm of the Constitution.

The Declaration does, however, lay out the foundational concept of natural law, that our rights come from God and are thus “unalienable” (blame John Adams for using that awkward version of the word). Thus, we as citizens have the right to rebel against a tyrannical government and replace it. Statutes, and even the Constitution itself, are subordinate to natural law.

55 posted on 06/04/2024 8:35:11 AM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: noiseman

Theoretically you are correct, but no court is going to quote the declaration in an opinion.


56 posted on 06/04/2024 5:10:31 PM PDT by from occupied ga (Your government is your most dangerous enemy - EVs a solution for which there is no problem)
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To: TheWriterTX
The mechanism we utilize to exercise our consent is through voting.

With fraudulent elections it is also the means to enslave you. Check out how the people in Venezuela love eating the exotic animals from their zoos so much they overwhelmingly voted to keep their kings.

We have observed country after country vote in Marxist kings while thinking it can never happen here, well this is how it is done and it has happened here. Big cities make fraudulent elections easier and now they are big enough they can control the whole state and they do.

57 posted on 06/05/2024 9:52:16 AM PDT by itsahoot (Many Republicans are secretly Democrats, no Democrats are secretly Republicans. Dan Bongino.)
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To: Truthsearcher
you cannot be a felon, must be a citizen.


58 posted on 06/05/2024 9:55:32 AM PDT by itsahoot (Many Republicans are secretly Democrats, no Democrats are secretly Republicans. Dan Bongino.)
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