Constitutional Crisis Precedent in 2020 Election
The November 4th U.S. election promises to be a sharp competition between President Donald Trump and Democratic candidate Joe Biden. Being in an election mood is not new for the Americans, based on the fact that they have conducted elections countless times. However, the 2020 election mood is not good either since it is in the middle of a pandemic that is affecting millions of Americans (“Holding the 2020 Election under…”). Protests are also being seen in the streets following the police brutality on some racial groups. These are tough times that are bringing changes, especially in how Americans should exercise their voting rights. As a result, most Americans feel that their rights of voting are not protected. Critical issues have been raised by pundits that posit the uniqueness of the 2020 election in the U.S.
One of the constitutional issues that have been raised in the 2020 elections is the possible lack of ability to exercise voting rights. The constitution in the 12th Amendment states that the election of a U.S. president shall be done on the ballot. This is not the case now because not many Americans can risk their health to cast a ballot. The government has opted for voting by mail, which is a much safer way to maintaining social distancing (De Groot n.p.). The panelists have a heated argument on the idea of mailing votes because, in most states, such a voting system has never been practiced hence they believe it is going to be difficult for those voting for the first time. Also, the process is very slow, which may delay tallying. Most panelists suggest a pre-election day tabulation for the mailed votes for such delays to be taken care of.
The second constitutional issue is possible discrimination. The 15th Amendment prohibits the government from denying a citizen the right to vote based on race, color, or previous condition of servitude. This year things are different because the polling stations are experiencing long lines, which is a great risk for the in-person voter. This has denied most of the Americans, especially the minority groups that prefer in-person voting. There is a bit of racial discrimination that has been experienced in the Milwaukee center (“Holding the 2020 Election under…”). Most citizens here are blacks, Latinx, and some Native American citizens. The blacks have been reported to easily contract the Covid virus than the whites and are discriminated against in social gatherings. This is affecting the voting process.
Constitutional issues have also been raised about election legitimacy. Pundits believe that the president possesses some secrete emergency powers that he can use to manipulate the election process (De Groot, n.p.). The panelist believes that the president is using his powers to bring controversies that may rig the election. It has been witnessed that even after the order to mail votes, the president is still pushing more Republicans to vote as in persons. He fears that more democrats could do the in-person voting than his supporters, limiting his chances to win. Pundits suggest that the push for in-person votes is understandable in the political world but not at the expense of citizens.
Election legitimacy is also a constitutional issue raised by the ongoing protests since polls must be free, fair, and not affected by violence. Protesting in the streets is part of the freedom of expression passed in the 1st Amendment of the constitution. The “black lives matter” protest has been going on now for some time, which will affect the exercise of the election. It will be impossible for many people who are fighting for black American’s rights to participate. These protests are bringing fear for the citizens because they do not know whether the group of protestors will storm in the voting grounds and stop the process.
Finally, misinformation on America’s matters is another constitutional issue that is bringing the election crisis this year. Citizens and non-citizens do not understand how America runs its election, and also they have no clue how things are done in the country (“Holding the 2020 Election under…”). The information is available in the constitution, but it seems that people are ignorant. People have to step out of their comfort zone and get access to the right information. Still, constant misinformation from the election candidates is challenging this endeavor, as it was evident during the presidential debates. Such misinformation is likely to sway voters and lead to skewed voting.
Given the various constitutional concerns regarding the U.S. elections, various points of view may be raised. One view is that given the concerns that have been raised, America should embrace the changes that are happening. Neither Trump nor Joe Biden has the power to stop a pandemic like Covid 19, but the country has to continue running. Therefore, the election should continue as planned, and America should only prepare by addressing the possible loopholes in the election system. After all, this is not the first state to hold an election in the middle of a pandemic. Citizens should therefore embrace the changes of social distancing and stop complaining since the changes are occurring for the long-term good of the country.
Besides, the issue of protest should be dealt with once and for all. It has prolonged, and the president should be at the forefront in addressing the issues facing the minorities (“Holding the 2020 Election under….”). Perhaps, it is time that America passes a law or makes another amendment that protects the minority groups. Especially those involving violence instigated against the minorities, America must lead by example. Condemning such acts should start with the presidency and then trickle down to other public servants. A law that stipulates actions on those that abuse minority groups will prevent inappropriate actions that spark animosity.
Finally, one could rule that the president’s issue possessing some secret powers that he can use to manipulate the elections is opinionated assumptions. However, such assumptions could trigger a constitutional crisis since the people must see the president as impartial and independent always (De Groot n.p.). The constitution is currently clear that the president can only possess such powers if the congress grants them to him. The president is urging the republicans to go for in-person voting because he is probably insecure. Nevertheless, claims of bias at the presidency should be looked at objectively without indulging in political feelings. The U.S., through various agencies, should ensure that any such claims are investigated.
In a nutshell, the 2020 elections in the U.S. spell a sharp contest between the top candidates. Constitutional issues have been raised on the mail voting system, protests that could disrupt voting, and increase criticism of the incumbent’s election process. The inability to get correct information from the election candidates due to misinformation could also pose a challenge to the election’s legitimacy. However, some changes, such as mail voting, should be embraced since they are progressive. Constitutional and law changes can be embraced to protect minority groups. Also, investigations should be used to address concerns that the president could interfere with the elections.
Works Cited
De Groot, Kristen. Assessing constitutional and legal challenges for the 2020 election. Penn Today. Retrieved from https://penntoday.upenn.edu/news/assessing-constitutional-and-legal-challenges-2020-election
Holding the 2020 Election under Crisis: Assessing the Constitutional and Legal Challenges. University of Pennsylvania Carey Law School. Retrieved from https://www.youtube.com/watch?v=jBdx8HwTScQ&feature=youtu.be%22%20%5Ct%20%22_blank%22%20%5Co%20%22https://www.youtube.com/watch?v=jBdx8HwTScQ&feature=youtu.be
