Give Parents the Vote

64 Pages Posted: 22 Jul 2024

See all articles by Joshua Kleinfeld

Joshua Kleinfeld

Northwestern University - Pritzker School of Law; Northwestern University Department of Philosophy; George Mason University - Antonin Scalia Law School

Stephen E. Sachs

Harvard Law School

Date Written: July 18, 2024

Abstract

Many of America’s most significant policy problems, from failing schools to the aftershocks of COVID shutdowns to national debt to climate change, share a common factor: the weak political power of children. Children are 23% of all citizens; they have distinct interests; and they already count for electoral districting. But because they lack the maturity to vote for themselves, their interests don’t count proportionally at the polls. The result is policy that observably disserves children’s interests and violates a deep principle of democratic fairness: that citizens, through voting, can make political power respond to their interests.

Yet there’s a fix. We should entrust children’s interests in the voting booth to the same people we entrust with those interests everywhere else: their parents. Voting parents should be able to cast proxy ballots on behalf of their minor children. So should the court-appointed guardians of those who can’t vote due to mental incapacity. This proposal would be pragmatically feasible, constitutionally permissible, and breathtakingly significant: perhaps no single intervention would, at a stroke, more profoundly alter the incentives of American parties and politicians. And, crucially, it would be entirely a matter of state law. Giving parents the vote is a reform that any state can adopt, both for its own elections and for its representation in Congress and the Electoral College.

Keywords: voting, parents, children, guardians, mentally incapacitated, franchise, voting rights, demeny voting

JEL Classification: K1, K10, K3, K30, K36

Suggested Citation

Kleinfeld, Joshua and Sachs, Stephen E., Give Parents the Vote (July 18, 2024). Notre Dame Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4723276

Joshua Kleinfeld

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Northwestern University Department of Philosophy ( email )

Evanston, IL
United States

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Stephen E. Sachs (Contact Author)

Harvard Law School ( email )

1563 Massachusetts Avenue
Cambridge, MA 02138
United States
617-495-5009 (Phone)

HOME PAGE: http://https://hls.harvard.edu/faculty/directory/11417/Sachs

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