Downloads: Taking Votes Seriously: Equal Protection - .pdf

The deficiency of distinctions on the basis of age is that the line established is quite prob-
ably impossible to justify. A generalization is made on those above and below a certain line that
legislators feel to be intuitively correct. For most instances of such distinctions, this is accepta-
ble. The definition of adulthood is set in these circumstances and it is the milestone of a new
time in a person's life. Voting, however, is different. It is different from cases like driving li-
censes because it is, politically, more fundamental. It is also considered by the law to be funda-
mental. But voting is also different from other activities that are considered fundamental (like
interstate travel, speech, or privacy). The difference stems from the franchises' fundamental na-
ture. It is fundamental not only because it is important and valuable, but also it is fundamental
like having nine fielders is fundamental to the game of baseball. I submit that it is fundamental
in both ways.