By ALEX GIMARC
While there have been some infuriating ads run by the defenders of ranked-choice voting during the last couple months, they are ending their campaign on a real low note.
It appears their polling has ended with the notion that they need to appeal to Alaska voters with the claim that the dark-money funded, party elites who want to repeal ranked-choice voting are singularly focused on stealing liberty and freedom from voters.
Specifically, which freedom are they claiming the anti-ranked-voting crowd is stealing? According to Vote No on 2 Chair Lesil McGuire, it is the freedom to vote for any candidate we want to in a political primary.
As usual, it is difficult to prove a negative, so let’s take a look at which freedoms and liberties are actually involved. More importantly, where do those freedoms actually come from?
If you were to take a look at both the U.S. Constitution and the Alaska Constitution for the freedom to vote for any candidate you want to, those freedoms are neither specified nor enumerated. While the Tenth Amendment of the U.S. Constitution does include a catch all that:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Ninth Amendment has similar language:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The meaning of both of these is that if those rights (freedoms, liberties) are not specifically mentioned in the Constitution, then they belong to the people and the states.
This is great news for the backers of ranked-choice voting, as it is seemingly a green light to run around dispensing freedoms at the wave of their dark-money funded, Outside hands.
But there is a fly in the ointment, not uncommon when the left starts doling out so-called freedoms and liberties. And that fly in the ointment is a very real provision of the First Amendment, which states the following:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The U.S. Supreme Court, via a series of opinions over the last century, determined that a freedom of association is “… and indispensable means of preserving” the enumerated First Amendment freedoms. This right of association applies to “… speech, assembly, petition for the redress of grievances, and the exercise of religion.”
And what is a political party, other than a formal association created to support speech, assembly, and petitioning the redress of grievances?
It would appear that the ability of a political party to organize, select its own candidates, and participate in elections is a fundamental part of our First Amendment rights.
No so, according to the “No on Prop 2” crowd. Not so, according to the black-robed political hacks masquerading as members of the Alaska Supreme Court. Not so, according to the “No on Prop 2” dark-money backers.
We are in a position we often are arguing with the left-over freedoms and rights, where their newly created, shiny, sexy, media celebrated freedoms, liberties and rights (right to privacy, right to an abortion) quickly are elevated over pre-existing, enumerated freedoms, liberties and rights, which are usually discarded out of hand like the Alaska Supremes did to the freedom of association here in Alaska.
If the right to select any candidate you want existed in either the U.S. or Alaska Constitution, we would be able to actually find it, written down in actual words. That it doesn’t should tell us everything we want to know about the $7.8 million fraud the No on 2 campaign and its dark money outside backers are committing on the voters of Alaska.
If ranked-choice voting is such a good thing, why do its supporters need to commit fraud to defend it?
Alex Gimarc lives in Anchorage since retiring from the military in 1997. His interests include science and technology, environment, energy, economics, military affairs, fishing and disabilities policies. His weekly column “Interesting Items” is a summary of news stories with substantive Alaska-themed topics. He was a small business owner and Information Technology professional.
