« BAF Home | Email msg. | Reply to msg. | Post new | Board info. Previous | Home | Next

Is it legal to deny felons the right to vote? 

By: Zimbler0 in BAF | Recommend this post (1)
Thu, 08 Nov 18 1:42 AM | 96 view(s)
Boardmark this board | Bash-a-Farter
Msg. 03188 of 06530
Jump:
Jump to board:
Jump to msg. #

Apparently, Constitutionally speaking, it is.

>>>
Why Are Previously-Convicted Felons Denied the Right to Vote?

http://reason.com/volokh/2018/01/26/why-are-previously-convicted-felons-deni

.....Deep within the article . . . .

Everyone knows (or at least knows of) Section 1 of the Fourteenth Amendment: "No State shall ... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." But I suspect that many fewer have ever read through Section 2 of that Amendment, which reads in full:


"Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State."

In Richardson v. Ramirez, 418 US 24 (1974), the Supreme Court held that the language in Section 2 italicized above assumes that States can deny its citizens the right to vote, inasmuch as it specifies the consequences in the event they do so: Their representation in the House of Representatives (and the Electoral College) will be correspondingly and proportionately reduced by the number of people so deprived of the right, unless the disenfranchisement is for "participation in rebellion" or "other crime," in which case the State's numerical basis for its representation is not reduced.

>>>

(Most of the article was skipped.)
(But I am curious as to why . . . let me look some more.)
Zim.




Avatar

Mad Poet Strikes Again.




» You can also:
« BAF Home | Email msg. | Reply to msg. | Post new | Board info. Previous | Home | Next