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Fox’s Andrew Napolitano: Right to Vote Isn’t Fundamental

While discussing California’s recent decision to automatically enroll people to vote when they obtain or renew a driver’s license, Fox News analyst Andrew Napolitano told Fox & Friends co-host Steve Doocy that the right to vote is not a fundamental one.

According to the New York Times, the new law signed by California Gov. Jerry Brown is “designed to increase electoral participation by automatically registering eligible state voters when they obtain a driver’s license.” The legislation behind it was spearheaded by a response to the state’s record low voter turnout in the 2014 elections.

Doocy brought up the law in conversation with Napolitano, noting that “critics warn the measure could add millions of illegal people to the rolls because the state allows undocumented aliens to get driver’s licenses.” In response, Napolitano argued the law would allow illegal immigrants to “sneak” into citizenship.


This eventually led to Napolitano’s point that voting is not, in his mind, a fundamental right that should be protected by U.S. law:

Is it a fundamental right that comes from our humanity like thought and speech and association and worship and self-defense? Or is it a privilege given by the government? In my view, the Supreme Court has wrongly said it’s a fundamental right. And once it said that, states like California decided to allow people to vote who aren’t qualified by law to vote because of the fundamental aspect.

He goes on to stress that the supposed loophole will be difficult, if not impossible to monitor, and that illegal immigrants will be able to vote in state and federal elections despite not having citizenship.

Check out the clip above, via Fox News.
[h/t Media Matters]
[Image via screengrab]

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