Hey, What About the 24th?
by Anonymous | May 12 2008By Bruce Ackerman
& Jennifer Nou, Slate
The constitutional amendment about voting rights that the Supreme Court forgot.
Americans have long fought hard to protect the right to vote and a generation ago emphatically rejected the idea of paying for the ballot. As the civil rights revolution reached its peak, Congress and the states in 1964 enacted the 24th Amendment, forbidding any "poll-tax or other tax" in federal elections. Yet, remarkably enough, this basic text went unmentioned by the Supreme Court when it upheld Indiana's photo-ID law this week.
Indiana's law insists on a photo ID to vote, which in turn requires documents, like a birth certificate or passport, that verify identity. Getting these papers costs voters money as well as time and effort. This leads to the question the court failed to ask: Does the extra expense violate the absolute ban on all "taxes" imposed by the 24th Amendment?
The leading Supreme Court decision about this amendment provides a starting point. In Harman v. Forssenius, Virginia responded to the new constitutional prohibition by allowing citizens to escape its poll tax if they filed a formal certificate establishing their place of residence. Otherwise, they would be obliged to continue paying a state tax of $1.50 if they wanted to cast a ballot.


