Ch5. Political Rights & Remedial Rights — Voting and Constitutional Remedies

Political Participation Rights

The Right to Vote

Constitutional Voting Protections:
- 15th Amendment: no denial of vote based on race or color
- 19th Amendment: no denial of vote based on sex
- 24th Amendment: no poll taxes in federal elections
- 26th Amendment: voting age lowered to 18 nationwide

Current Requirement (26th Amendment):
All US citizens 18 years of age or older are entitled to vote
in federal elections; states must extend this right for
state elections as well.

Voting Rights Act of 1965 (as amended):
Prohibits discriminatory voting practices; Section 2 allows
federal suits against discriminatory election rules; originally
required "preclearance" for certain states (gutted in
Shelby County v. Holder, 2013).

Permissible Restrictions:
Felon disenfranchisement: permitted by most states (varies)
ID requirements: upheld by the Supreme Court (Crawford v.
  Marion County) if not overly burdensome

Four Principles of Democratic Elections

① Universal suffrage:
   The right to vote may not be restricted based on
   wealth, sex, race, or religion.

② Equal voting (one person, one vote):
   Each vote must carry substantially equal weight.
   (Reynolds v. Sims: "legislators represent people, not trees")
   → Equal-population requirement for legislative districts

③ Direct voting:
   Citizens cast votes directly for their representatives.
   (The Electoral College is an exception for the presidency.)

④ Secret ballot:
   The manner in which a voter votes is confidential.

Right to Run for Office and Hold Public Office

Age Requirements (Constitutional):
- President / Vice President: 35 years old
- US Senator: 30 years old
- US Representative: 25 years old

Equal Access to Public Employment:
- Merit-based selection criteria (civil service exams,
  educational requirements) are constitutional
- Discriminatory or politically retaliatory restrictions
  on government employment are unconstitutional
  (Elrod v. Burns — patronage dismissals)

Remedial (Procedural) Constitutional Rights

Remedial rights: procedures for vindicating other rights
when the government has acted wrongfully.

① Right to Petition (1st Amendment):
   Any person may petition Congress or government agencies
   for redress of grievances; protected from retaliation.

② Right to a Fair Trial (5th, 6th, 14th Amendments):
   Adjudication before an independent judge
   · Speedy trial (6th Amendment)
   · Right to confront witnesses
   · Crime victims' rights (Crime Victims' Rights Act)

③ Government Tort Liability (§ 1983 / Federal Tort Claims Act):
   See below.

④ Compensation for Wrongful Conviction:
   See below.

⑤ Crime Victims' Compensation:
   Federal and state victims-compensation programs;
   constitutional victim-impact rights at sentencing.

Right to a Fair Trial

6th Amendment Guarantees:
- Speedy and public trial by an impartial jury
- Notice of charges
- Right to confront (cross-examine) adverse witnesses
  (Confrontation Clause — Crawford v. Washington)
- Compulsory process to obtain favorable witnesses
- Right to assistance of counsel

Due Process Adjudication:
- Proceedings before a neutral and detached judge
- Right to present evidence and contest the government's case
- Beyond-a-reasonable-doubt standard

Crime Victims' Rights Act (18 U.S.C. § 3771):
- Federal crime victims have the right to be heard
  at plea hearings, sentencing, and parole proceedings.

Government Liability for Constitutional Violations

42 U.S.C. § 1983

Section 1983:
"Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State ... subjects, or
causes to be subjected, any citizen ... to the deprivation of
any rights, privileges, or immunities secured by the Constitution
and laws, shall be liable to the party injured ..."

Five elements:
① A person (individual officer, local government)
② Acting under color of state law
③ Depriving the plaintiff of a federal right
④ Causing the deprivation
⑤ Damages or equitable relief sought

Qualified Immunity:
Government officials are shielded from § 1983 liability
unless they violated a "clearly established" statutory or
constitutional right that a reasonable person would have known.
(Harlow v. Fitzgerald)

Municipal Liability (Monell):
A local government entity is liable under § 1983 only if
the constitutional violation resulted from an official policy
or custom (Monell v. Dep't of Social Services).
No respondeat superior for municipalities.

Federal Claims:
Bivens v. Six Unknown Named Agents allows implied damages
actions against federal officers for constitutional violations
(limited to contexts the Supreme Court has recognized).

Compensation for Wrongful Conviction

Federal Compensation for Exonerees:
40 U.S.C. § 2513 / Innocence Protection Act:
- A person wrongfully convicted of a federal offense and later
  exonerated may seek compensation in the US Court of Federal Claims
- Compensation: up to $50,000 per year of wrongful imprisonment;
  up to $100,000 per year for death-row confinement

State-Level Compensation:
- Most states have wrongful-conviction compensation statutes
  with varying caps (often $25,000–$80,000 per year)
- Some states allow additional damages for lost earning capacity

Legal Character:
- Compensation is available even if the government's original
  conduct was procedurally lawful — the rationale is that
  the state bears the risk of wrongful prosecution
- Distinct from § 1983 claims (which require official misconduct)

Four Principles of Democratic Elections ★★★★★ : Universal · Equal (one person, one vote) · Direct · Secret. These principles flow from the Constitution and the Voting Rights Act. Memory hook: universal, equal, direct, secret

Five Elements of § 1983 Liability ★★★★★ : Person · Color of state law · Deprivation of federal right · Causation · Damages. All five must be established. Memory hook: person + color + right + cause + harm

Wrongful Conviction Compensation vs. § 1983 ★★★★☆ : Compensation statutes pay for lawful-but-wrong convictions (no misconduct required). § 1983 requires unconstitutional official conduct. Memory hook: compensation = outcome-based; § 1983 = conduct-based

Practice Questions

Q. What is the minimum age to serve as President of the United States?

35 years old (Art. II, § 1, cl. 5). The candidate must also be a natural-born citizen and have been a resident of the United States for at least 14 years. US Representatives must be at least 25; US Senators must be at least 30.

Q. A soldier is injured during training due to a superior officer’s negligence. Can she sue the federal government for damages under § 1983?

No. Section 1983 applies only to persons acting under color of state law. Federal officials acting under federal authority are not state actors. Feres v. United States (1950) also bars service members from suing the federal government under the Federal Tort Claims Act for injuries arising out of or incident to military service. The soldier’s remedy is through the military benefits and disability system (Veterans’ Benefits Act, VASRD), not through a civil damages action.