Stephen E. Sachs
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stephenesachs.bsky.social
Stephen E. Sachs
@stephenesachs.bsky.social
Antonin Scalia Professor of Law, Harvard Law School
stevesachs.com
The point here isn't to shape the electorate one way or another, but to deal with the giant problem in front of us (23% of the electorate lacking representation) rather than edge cases, and to take any other aspect of the voting system as one finds it
November 11, 2025 at 12:35 AM
But if the reason is both of these at once, or some other idea that membership in the political community is a prerequisite for being heard in its councils, then there's no proper proxy for a citzen child who lacks one citizen parent. I imagine you disagree with some of these reasons, which is fine!
November 11, 2025 at 12:35 AM
If the reason is that citizenship is *merely* a test for whether your interests ought to be taken into consideration, then presumably we ought to let noncitizen parents vote for their citizen children, because the latter's interests do count, and the former are capable of representing them
November 11, 2025 at 12:35 AM
If the reason is that citizenship is *merely* a proxy for knowledge/alignment of interests, then presumably we ought to let citizen parents vote for their noncitizen children (rare, but possible), bc the children still have interests that matter, and the parents know enough to help them
November 11, 2025 at 12:35 AM
But current law doesn't let noncitizens vote. So if the proposal takes that part of the system for granted, it would matter *why* current law doesn't let them vote
November 11, 2025 at 12:35 AM
Current law lets noncitizens act as proxies in lots of situations (hospital rooms, litigation, etc.), but it also lets them act for themselves; no one is prevented from giving permission for a surgery on the grounds of citizenship, for example, and the same is largely true of suing in court
November 11, 2025 at 12:35 AM
(You could imagine a version of the paper that starts off by saying "resident noncitizens and/or felons really should be allowed to vote," and then proceeds for the rest of the 76 pages in almost exactly the same way—which suggests that this is an ancillary concern for the paper, not a central one.)
November 11, 2025 at 12:35 AM
Thanks for reading! This paper doesn't take any view at all on what the scope of the *adult* franchise should be; its suggestion is just that, whatever limits are appropriate on someone's casting his or her *own* vote, they translate over to that same person's casting a proxy vote for someone else
November 11, 2025 at 12:35 AM
Also published: "WHAT IS VOTING FOR?," responding to insightful critiques by @profnickstephan.bsky.social and @fishkin.bsky.social

papers.ssrn.com/sol3/papers....
November 10, 2025 at 4:45 PM
Also endorsed by the U.S. Congress in 1922 — HJ Res 322, 67th Cong., 42 Stat. 1012
November 2, 2025 at 8:14 PM
Here's the abstract on @ssrn.bsky.social :

3/
October 23, 2025 at 7:20 PM
And from the introduction:

2/
October 23, 2025 at 7:20 PM
Prior coverage here, in the Harvard Gazette:

"Amendments Should Start With States"

6/

news.harvard.edu/gazette/stor...
Amendments should start with states: Stephen Sachs
The Constitution is centuries-old and, in the eyes of many, out of touch with contemporary America. Five scholars suggest repairs.
news.harvard.edu
September 29, 2025 at 4:28 PM
Some sample language for an amendment: 5/
September 29, 2025 at 4:28 PM