Voting Rights: A Constitutional Covenant

Sources from essay by Rabbi Erica Seager Asch in The Social Justice Torah Commentary

Parashat Nitzavim brings us to the end of the ceremony sealing the covenant between God and the people of Israel. Throughout the previous chapters of Deuteronomy, we have seen the treaty stipulations and sanctions to be implemented if the people do not follow through on their promises. Now, we come to the ceremony of imprecation, where the community accepts that if they do not follow through with their part in the covenant, there will be serious consequences.' At the moment the people are about to enter the land, they are bound in relationship to God. But who is there? Who is part of this promise between God and the people Israel? The text is clear: everyone.

-Rabbi Erica Seager Asch

(ט) אַתֶּ֨ם נִצָּבִ֤ים הַיּוֹם֙ כֻּלְּכֶ֔ם לִפְנֵ֖י יְהֹוָ֣ה אֱלֹהֵיכֶ֑ם רָאשֵׁיכֶ֣ם שִׁבְטֵיכֶ֗ם זִקְנֵיכֶם֙ וְשֹׁ֣טְרֵיכֶ֔ם כֹּ֖ל אִ֥ישׁ יִשְׂרָאֵֽל׃ (י) טַפְּכֶ֣ם נְשֵׁיכֶ֔ם וְגֵ֣רְךָ֔ אֲשֶׁ֖ר בְּקֶ֣רֶב מַחֲנֶ֑יךָ מֵחֹטֵ֣ב עֵצֶ֔יךָ עַ֖ד שֹׁאֵ֥ב מֵימֶֽיךָ׃
(9) You stand this day, all of you, before your God יהוה —your tribal heads, your elders, and your officials, every householder*householder Lit. “participant whose involvement defines the depicted situation.” Moses’ description of those present treats their social station as more germane than their gender. Trad. “[all the] men.” See the first note at 1.31. in Israel, (10) your children, your wives, even the stranger within your camp, from woodchopper to waterdrawer—

Today, our lives are very different from those of our ancient ancestors. We do not live in a mostly Israelite society where we are all bound to follow God's laws. As Jews, we are bound by a covenant with God. As citizens, we are bound by the laws of the country in which we live. Those laws are written in the Constitution, expanded in the amendments, enacted in statutes, and interpreted by the courts.

Some, including James Madison, have viewed the Constitution as the focal point of America's "civil religion." Much like the Torah, it is a document to be revered. As Americans, we the people, the governed, are bound in relationship with our government. We agree to abide by the laws or suffer the consequences if we do not. We also agree to take an active part in this relationship. In a democracy, we manifest and reaffirm our commitment to our government through voting. Just as the Jewish people stand and hear the Ten Commandments read every Shavuot, thus reenacting and reaffirming the covenant, the act of voting reaffirms the relationship between the government and the governed.

-Rabbi Erica Seager Asch

The Torah warns us of consequences if we do not follow God'slaws. Similarly, there will be consequences if not all of us participate in the constitutional covenant. Today in America, people are intentionally left out of our democracy, when barriers are erected denying them the fundamental right to vote. And we are suffering consequences. In 1958, 73 percent of Americans expressed trust in the federal government to do what is right; in 2020, only 17 percent did, Part of that erosion of trust likely results from lack of confidence in our elections.

In 2020, nearly half of US voters expected to have difficulties voting. " We are seeing an erosion of confidence in our covenant between the governed and the government. The situation seems dire, but the Torah portion reassures us that repair is not impossible:

-Rabbi Erica Seager Asch

(יא) כִּ֚י הַמִּצְוָ֣ה הַזֹּ֔את אֲשֶׁ֛ר אָנֹכִ֥י מְצַוְּךָ֖ הַיּ֑וֹם לֹא־נִפְלֵ֥את הִוא֙ מִמְּךָ֔ וְלֹ֥א רְחֹקָ֖ה הִֽוא׃ (יב) לֹ֥א בַשָּׁמַ֖יִם הִ֑וא לֵאמֹ֗ר מִ֣י יַעֲלֶה־לָּ֤נוּ הַשָּׁמַ֙יְמָה֙ וְיִקָּחֶ֣הָ לָּ֔נוּ וְיַשְׁמִעֵ֥נוּ אֹתָ֖הּ וְנַעֲשֶֽׂנָּה׃ (יג) וְלֹא־מֵעֵ֥בֶר לַיָּ֖ם הִ֑וא לֵאמֹ֗ר מִ֣י יַעֲבׇר־לָ֜נוּ אֶל־עֵ֤בֶר הַיָּם֙ וְיִקָּחֶ֣הָ לָּ֔נוּ וְיַשְׁמִעֵ֥נוּ אֹתָ֖הּ וְנַעֲשֶֽׂנָּה׃ (יד) כִּֽי־קָר֥וֹב אֵלֶ֛יךָ הַדָּבָ֖ר מְאֹ֑ד בְּפִ֥יךָ וּבִֽלְבָבְךָ֖ לַעֲשֹׂתֽוֹ׃ {ס}
(11) Surely, this Instruction which I enjoin upon you this day is not too baffling for you, nor is it beyond reach. (12) It is not in the heavens, that you should say, “Who among us can go up to the heavens and get it for us and impart it to us, that we may observe it?” (13) Neither is it beyond the sea, that you should say, “Who among us can cross to the other side of the sea and get it for us and impart it to us, that we may observe it?” (14) No, the thing is very close to you, in your mouth and in your heart, to observe it.

We read Nitzavim on Yom Kippur, reminding us that we are all part of the covenant. Our community is complete only if all people,regardless of their job or gender, are present. Similarly, each time we vote, we know that our democracy is not complete unless everyone can participate. Ensuring that every citizen is able to exercise their right to vote is the foundation of our democracy.

-Rabbi Erica Seager Asch

Discussion Questions by Ariel Tovlev

  1. How does the Torah expound on what it means by “everyone”? Why is this significant?

  2. How does Rabbi Asch compare the covenant God makes with the people to the

    Constitution of the United States? What similarities or differences do you see

    between the two?

  3. Rabbi Asch teaches that the Torah specifically mentions marginalized groups

    because they are the most likely to be left out. Likewise, many social justice groups today focus on marginalized groups that are more likely to be excluded. What are some groups of people who are more likely to have their civil liberties denied? How can we as a community fight for the right to vote for all people?