The federal Voting Rights Act says, “No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color.”
For decades, ex-felons and felons have been filing constitutional lawsuits, alleging that state laws that deprive felons or ex-felons of the right to vote are in violation of the Voting Rights Act. In order for this claim to succeed, it is necessary that these plaintiffs establish that the criminal justice system disproportionately prosecutes and sentences racial minorities. Much statistical evidence does support that conclusion. Notwithstanding that statistical evidence, courts have not been willing to agree that the Voting Rights Act outlaws state laws that disenfranchise ex-felons or felons.
However, on January 5, the 9th circuit ruled in a Washington state case that the Voting Rights Act does apply. The decision, Farrakhan v Gregoire, is here. The case was first filed in 1996. The 9th circuit decision is 2-1. The dissenter wanted the case sent back to the U.S. District Court again for still more evidence-gathering. But the majority notes that in Washington state, almost 25% of the black male adult citizens are or have been felons.
Although the 1st, 2nd, and 11th circuits have ruled that the Voting Rights Act does not relate to state laws on felon or ex-felon disenfranchisement, in all three of those other circuits, the decisions were not unanimous. One of the 2nd circuit judges who wrote that the Voting Rights Act does pertain to this issue was Sonia Sotomayor, now on the U.S. Supreme Court. Thanks to Bill Van Allen for this news.
Due to armies of MORON lawyers, polisci profs and history profs the even worse MORON courts can not make the connection between 14 Amdt, Sec. 2 and 15 Amdt, Sec. 1.
Sorry the crime loophole in 14th Amdt, Sec. 2 does exist — in ALL States, north and south, east and west.
Who teaches the MORONS about the ENGLISH language in the context of the Civil War era — 1860-1877 ???
i.e. *on account of race or color* is NOT the same as *on account of being legally convicted as a FELON* — for murder, armed robbery, home invasions, etc. etc.
ENDLESS numbers of bleeding heart MORON judges on Mother Earth who are brain dead about political history (or even common sense).
At no time is it ever acceptable for any American citizen to be excluded from voting. Not under any circumstances..not now..not ever.
“At no time is it ever acceptable for any American citizen to be excluded from voting. Not under any circumstances..not now..not ever.”
That’s idiocy. Felons forfeit certain rights, by dint of their actions. They lose rights of gun ownership, privacy, free association, etc… and they can (and should) also be stripped of their right to vote. In acting in a way to endanger society, they have forfeited their right to influence society at the ballot box.
Not everyone who is convicted of a felony has necessarily endangered society. There is something odd about the fact that the U.S. imprisons a greater percentage of its population than just about any other nation in the world.
Also, in the vast majority of nations that hold elections, felons can vote. When felons can vote, they are more likely to inform themselves about what is going on in the outside world, and think about society’s problems and what the solutions to those problems are. That process of thinking also tends to make felons less likely to commit crimes again when they get out. One of the reasons the U.S. has so many prisoners is that the recidivism rate in the U.S. is higher than in most other countries. The costs for U.S. taxpayers paying to support millions of people in prison (especially paying for their medical care), and also paying for hundreds of thousands of prison guards, are high.
Lots of felons also happen to have MAJOR mental problems — i.e. are mentally incompetant – NOT getting any useful treatment in jail.
Such mental stuff — NOT noted in 14th Amdt, Sec. 2 but is noted in many State Constitutions and laws regarding who can be legal Electors-Voters.
What State was the first to ban mental folks and/or felon folks from voting ???
What State has the highest percent of INSANE felons in jails — trying to get ballots and vote (for somebody to pardon them especially) ??? Yikes ???
See the recent Hopkins movies — with or without the cage mask on Hopkins — the Freddy Kruger series, etc. — aka criminally insane serial killers. Ballots please ???
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