posted by Vivian Hamilton
This is the last in a series of posts on the voting age. In what is becoming a global trend, more than a dozen democratic nations have lowered their voting ages to 16, and others are seriously considering doing so. Two days from now (on Jan. 24), the House of Commons will debate a pending bill, the Voting Age (Comprehensive Reduction) Act 2013, which would set the voting age to 16 across the United Kingdom. Parliamentary assemblies in Scotland, Wales, and the self-governing British Crown Dependencies have already voted to do so. The United States is not among the democracies considering this issue, but it should be. As we extol the virtues of political participation to nascent democracies around the world, we should also remain open to reexamining our own electoral processes — particularly those that result in individuals’ categorical exclusion from political participation. (See my first post.)
It is time we too reexamined the voting age. It was lowered in 1972 from 21 to 18 to bring it in line with the draft age. “Old enough to fight, old enough to vote” remains catchy and has intuitive appeal, but the logic is questionable, as the ability to do one does not necessarily imply the ability — or inability — to do the other. We now know more about voter decision making in general, processes of cognitive development, and adolescent decision making in particular. This knowledge contributes to our ability to make better-informed assessments of what competent voting entails, and the age by which that competence is reliably attained.
Generally, our voter qualification rules aim to ensure would-be voters’ (1) interest in and ongoing connection to the political community; and (2) vote decision-making competence. The young are interested members of the community, so only their presumed lack of competence justifies their exclusion. Informed by empirical studies of voter decision making, I have argued for a cognitive-process-driven conception of vote decision-making competence (see my second post). I explained in my third post why this conception of competence would not operate to disfranchise current voters. A conception of vote decision-making competence instead provides us with a tool we currently lack — a principled standard against which to assess the age or age range by which typical individuals reliably attain the capacities that constitute competence. Upon reaching that age, individuals would, just as they do today, automatically gain the franchise. The state should then bear a heavy burden to disfranchise individuals presumptively entitled to vote but whose competence is nonetheless in question, such as adults with mental impairments. (For a thoughtful critique of individualized assessment tools advocated by some, see this article by Prof. Nina Kohn.)
I argued in my most recent post that 16- and 17-year-olds have attained the cognitive and decision-making capacities required for vote decision-making competence. That alone ought to justify their enfranchisement; their unwarranted exclusion diminishes our democratic legitimacy. (For an elaboration of the above arguments, see my recently-published article, Democratic Inclusion, Cognitive Development, and the Age of Electoral Majority.)
Correcting the arbitrary exclusion of this (competent) cohort of the political community is arguably the most powerful reason for enfranchising 16- and 17-year-olds. Lowering the voting age may also improve our democratic processes in other important ways. It may, for example lead to:
Increased Voter Knowledge: Public ignorance of basic civics, government, and politics is well established. Becoming eligible to vote while still enrolled in high school, however, makes lessons in civics/government more immediately relevant to students’ lives. That immediacy — the real-world application of acquired knowledge — can give students added enthusiasm and incentive to learn, and can provide educators with invaluable teaching tools. Currently, many students will leave high school before becoming eligible to vote, may no longer be in a structured educational setting once they do become eligible, and may wait several years before having the opportunity to vote in a presidential election. Their political disengagement is obviously not inevitable; we have simply lost an opportunity to impart lasting lessons, generate early enthusiasm, and encourage lasting habits (see below) of political engagement and participation.
posted by Vivian Hamilton
Citizenship and suffrage go hand in hand. This series of posts, drawing on a recently-published article, considers the age-based exclusion of citizens younger than 18. A growing number of countries, as I noted in my first post, have lowered their voting ages to 16 or are considering doing so. The United States should be among those democracies reassessing the electoral exclusion of at least some cohort of its younger citizens.
Electoral standards have long required both (1) ongoing community connection and interest, and (2) vote decision-making competence. Individuals lacking either of these characteristics (or more precisely, the indicia of them reflected in specific voter qualification rules) are commonly disqualified from voting. Thus, voter qualification rules that require citizenship, residency, and law-abidingness presumably ensure that voters meet the first standard — community connection and interest. The young meet that standard. They are members of the political community, with significant interest in and ongoing connections to it. It is only their failure to meet the second standard — vote decision-making competence — that can justify their exclusion.
What Constitutes Vote Decision-Making Competence [Redux]?
The state excludes citizens younger than 18 from the electorate because they have presumably not yet attained vote decision-making competence, but missing from this justification of their exclusion is a conception of that competence. Some conception of electoral competence — the basic capacities required for voting — is required before the state can credibly assess its attainment, or identify its absence. Age-based line drawing with respect to the development-related attainment of electoral competence is a practical necessity. The state owes its citizens its best effort (some effort) to first ascertain a principled yet pragmatic conception of electoral competence, then to assess young people’s attainment of it, and finally to draw the voting-age line in a manner consistent with that assessment. Otherwise, the state cannot meet its burden of justifying electoral exclusion.
What constitutes vote decision-making competence? Based on empirical studies of voter decision making, incorporating factual knowledge (of civics, politics, etc.) into a standard of electoral competence risks disfranchising much of the current electorate, and it is also unnecessary to ensuring correct vote decisions (those a voter would have made under conditions of full information, given the voter’s subjective values). I thus argued in my second post for a cognitive-process-driven conception of electoral competence. It requires “adultlike” rather than “mature” reasoning processes, because there is no universal state of maturity attained by all, or even most, adults. Requiring “mature” reasoning, like requiring factual knowledge, risks disfranchising many current voters.
I thus propose a conception of electoral competence in which a minimally competent voting decision involves an adultlike application and coordination of various reasoning processes to make a choice that could be justified by a good-enough reason.
The Development-Related Attainment of Vote Decision-Making Competence
Cognitive capacity improves more or less linearly throughout childhood and reaches adultlike levels by midadolescence. By age 15 or 16, adolescents are as able as adults to acquire, retain, and retrieve relevant information and apply to it reasoning processes that lead to justifiable conclusions. Researchers have consistently found the logical reasoning and information-processing abilities of 16-year-olds to be essentially indistinguishable from those of adults. According to developmental psychologist David Moshman, “[n]o theorist or researcher has ever identified a form or level of thinking routine among adults that is rarely seen in adolescence.”
But while they have adultlike abilities to think and reach rational judgments, adolescents’ capacities are more susceptible than are adults’ to being confounded by the real-world contexts in which they make decisions. When they must make decisions quickly or under pressure, or when they are highly emotional or stressed, adolescents’ performance suffers. In contexts in which adolescents are likely to make poor decisions — especially when their decisions will have negative externalities — the state properly constrains their decision-making liberty.
[For an elaboration of the context-specific nature of adolescent decision making, see here. For a discussion of neurologically-based models that have the potential to explain adolescents' poor decision making despite their mature cognitive abilities, as well as other aspects of adolescent psychology and behavior, see here.]
Elections are a decision-making domain in which adolescents’ cognitive-processing abilities would almost certainly remain uncompromised. Elections unfold over a period of time, giving voters the opportunity to deliberate and evaluate options without undue pressure. Many sources of information are readily available (televised debates, party affiliations, etc.), which serve as scaffolding or heuristics to help votes evaluate their choices. And voting itself is done anonymously and in private, which diminishes the concern that adolescents’ ultimate choices will be unduly pressured or dictated by their peers or others. (Ken A., in a comment to my previous post, mentioned the potentially undue influence of parents, but the intergenerational transfer of party affiliation seems to be a well-established fact of political life.)
Just How Young Should Voters Be? Part III: Why We Need a Conception of Electoral Competence, and Its Implications for Adults with Cognitive Impairments
posted by Vivian Hamilton
Professor Joey Fishkin raised several important questions in his comment to my previous post. I’d initially planned to set out a pretty streamlined version of my argument for lowering the voting age, but I think his questions merit a bit of a detour/elaboration.
Do We Really Want to Reintroduce Notions of Electoral Competence? Fishkin suggests that introducing a conception of electoral competence is potentially fraught. And he’s right–political elite have historically, and notoriously, invoked the supposed incompetence of various groups to justify their categorical disfranchisement. But competence as a basic criterion for voting has been a constant. Indeed, some notion of it is what justifies voting-age requirements. Only young people’s want of the relevant competence (however that competence is defined/conceptualized) can render legitimate their electoral exclusion.
There can be little dispute that newborns lack the relevant competence, or that individuals typically acquire it at some point over the course of their development. Development and age predictably correlate. There is thus a temporal element to the attainment of electoral competence, making age arguably the most reasonable proxy for it.
Competence-based arguments did not drive the nation to lower the voting age from 21 to 18; Congress’s lowering of the draft age did (see what is probably the most comprehensive history of the passage of the 26th Am., lowering the voting age: Wendell Cultice, Youth’s Battle for the Ballot). Is age 18 the most reliable indicator of electoral competence that we can identify today? To decide, I think we need to answer two questions: First, what is the most appropriate conception of electoral decision-making competence (discussed in my last post)? And second, is it possible to identify an age or age range by which that competence has reliably developed (next post)?
Does the Conception of Electoral Competence I Suggest Risk Disfranchising Segments of the Adult Population? Fishkin suggests that it could, but I don’t think so. I don’t propose that individual would-be voters would have to demonstrate that they meet this standard in order to qualify to vote. I concede the practicality of age as proxy for electoral competence. I advance a conception of competence to guide a reevaluation of our current age-proxy and, if appropriate, establish a better, more empirically-grounded and principled one. We would assess the age or age range by which typical individuals reliably develop electoral decision-making competence. Individuals who attain the age of presumptive competence (just as they do today) would automatically gain the franchise.
The standard for electoral competence I argue for requires certain thinking/reasoning capacities (these attend normal individual development, which may be improved by, but does not require, specific levels or types of learning). Some individuals may meet this standard prior to attaining the presumptive age of competence; some will reach the presumptive age of competence (and gain the franchise) without having attained the typical capacities Such slippage is the nature of proxies.
posted by Vivian Hamilton
This is the second of three (or so) posts on the youth vote and the voting age. In a post last week, I suggested that the United States should join other democracies reevaluating their ages of electoral majority.
In this post, I argue that deciding whether a group of individuals is competent to vote first requires a conception of what constitutes electoral competence, and I offer such a conception. My next post will examine whether such competence is reliably achieved earlier than age 18.
Basic Voting Criteria: Connection/Interest and Competence. Basic voting criteria have remained essentially unchanged across the centuries and generally require for electoral inclusion (1) a significant and ongoing interest in and connection to the community; and (2) vote decision-making competence. (Few democracy theorists, though, have sought to justify these intuitively-correct criteria. I attempt to do so here, pp. 1484-90.) But while the basic criteria have remained unchanged, notions of reliable indicia of them–reflected in specific voter qualification rules–have changed significantly.
Historically, property ownership was a voter qualification rule believed necessary to ensure a potential voter’s ongoing community connection and interest. Today, citizenship, residence, and law-abidingness qualifications all seek to ensure the same criteria (ongoing connection and interest). And historically, the intellectual independence required for electoral decision-making competence was deemed impossible in the absence of economic independence, since dependent voters might be unwilling to vote in a way that displeased those to whom they were economically beholden. Today, different voter qualification rules aim to ensure that voters possess electoral decision-making competence. State rules allow, for example, the disfranchisement of adults deemed mentally incompetent. The primary voter qualification rule aimed at ensuring that voters have developed the requisite competence, however, is the voting age.
Indicia of Competence: Political/Civics Knowledge? Rousseau believed that a well-informed citizenry was necessary to determine and implement the public good, and many modern theorists agree that informed and watchful citizens help ensure a responsive, accountable government. Yet the typical citizen, it is safe to say, is far removed from the ideal citizen of classic democratic theory.
Studies consistently find that public ignorance is widespread and extends to knowledge of basic civics and government. Mark Blumenthal, senior polling editor of the Huffington Post and founder of Pollster.com glumly wrote, “[one] can almost never underestimate the level of information about politics and government possessed by the voters who typically decide the outcome of elections.”
Incorporating even basic levels of civics or political knowledge into a conception of electoral competence theoretically justifies voter qualification rules that would operate to disfranchise a significant proportion of the current electorate. Moreover, rates of disfranchisement would be unequally distributed across the population based on differences in knowledge among various groups that have held steady over time: more women would be disfranchised than men; more African Americans than whites; more low-income earners than high-income earners; and more people under 30 than those 65 and older. Formal requirements aimed at ensuring well-informed voting would likely result in a better-informed electorate, but also a less representative and democratic one.
The Ill-Informed–Yet Competent-Enough–Voter. In lieu of incurring the costs of educating themselves, voters generally rely on more readily available information shortcuts (or heuristics), which substitute for more complete information. These can include party affiliation, group endorsements, or person stereotypes such as gender, race, or age. Heuristics allow voters (indeed, decision makers in innumerable contexts) to make decisions reasonably consistent with their preferences while expending relatively little effort. Empirical political scientists Richard Lau and David Redlawsk have extensively researched voter decision making and the effectiveness of heuristic use and found that their “limited information decision strategies not only may perform as well as, but in many instances may perform better than, traditional rational . . . decision strategies.” (For a detailed explanation of their findings, see the previous link at pp. 212-26; See also here, reporting studies finding that greater amounts of preexisting knowledge can in some instances hinder rational analysis of new facts.)
Lau and Redlawsk have found that the typical voter generally reaches a rational and “correct” voting decision (defined as one that is the same as the choice that the voter would have made under conditions of full information, given the voter’s subjective beliefs and values) by acquiring and processing smaller, readily available bits of meaningful information that function as serviceable substitutes for full information. Thus, not only does incorporating factual knowledge into a normative standard of electoral competence risk disfranchising much of the current electorate; it is also unnecessary to ensure generally correct vote decisions.
posted by Janai S. Nelson
I am delighted to join the blogging community of Concurring Opinions for the month of April. Thanks to Solangel Maldonado and Daniel Solove for their gracious invitation.
Denying voting rights to citizens with felony convictions has gotten a bad rap. The reason it’s not worse is because that rap is based on only half the story. Anyone familiar with the complexion of our prison population knows that felon disfranchisement laws extend striking racial disparities to the electoral arena. Less known, however, is that citizens with felony convictions are excluded from the electorate, in part, because of perceptions about how this demographic might vote or otherwise affect the marketplace of ideas. In other words, citizens with felony convictions are denied the right to vote because of their suspected viewpoint.
Picking up on this point earlier this year, Michael Dorf highlighted a dispute between Republican presidential candidates Mitt Romney and Rick Santorum about which of them held the most conservative position concerning the voting rights of citizens convicted of a felony. Inventing a criminal persona named Snake, Dorf queried what issues might provoke such a person to vote: Lower protections for private property or public safety? Redistribution of public resources from law enforcement to education, health, or recreation? Elimination of certain criminal laws? I can fathom many other lawful motivations for voting. However, as Dorf points out (and decidedly rejects), the underlying objection to allowing citizens with felony convictions to vote is based on an assumption that, if they could vote, they would express self-serving and illegitimate interests. In other words, the viewpoint that felons would express through voting has no place in the electoral process.
I have always assumed that my viewpoint was precisely what I and other voters are supposed to express at the ballot box. Whether that viewpoint is shared, accepted, condoned or vehemently disdained and abhorred by others is irrelevant to the right to vote. Not so for citizens with felony convictions. This group of citizens is presumed to possess deviant views that justify their exclusion from the electorate and the denial of a fundamental right. Read the rest of this post »
April 3, 2012 at 9:37 am Tags: Constitutional Law, Election law, equal protection, felon disfranchisement, First Amendment, prisoner's rights, right to vote, voting qualifications, voting rights Posted in: Administrative Law, Civil Rights, Constitutional Law, Courts, Culture, Current Events, Election Law, Law and Humanities, Race, Uncategorized Print This Post 14 Comments