[EL] Felon Disenfranchisement

[David Adamany]

Does it make a difference in how we perceive the purpose or orgins of felon disenfranchisement that it appears to be authorized in the second section of the 14th Amendment, which was proposed by a Congress in which the Radical Republicans were very influential? That section reduces representation in the House of Representatives for any state that denies the right to vote to any male inhabitant 21 years of age or older, such reduction in representation to be proportional to the number of such male inhabitants denied the right to vote. However, the Amendment specifically says that representation in the House is not to be reduced if the denial of the right to vote is based on rebellion or other crime. In Richardson v. Ramirez, 418 U.S. 234 (1974) the Court, in approving felon disenfranchisement in California, cited that provision of the 14th Amendment as allowing states to disenfranchise felons.



In general, I am in favor of restoring voting rights when persons convicted of crimes have served their sentences. And many years ago when I served as pardon counsel to the governor of a mid-western state I sometimes recommended pardons for felons who had completed their sentences based, in part, on their desire to have their voting rights restored. All of that taken into account, I am skeptical that the origins of felon disenfrachisement are racist.  On the other hand, I have no doubt that felon disenfranchisement at this time in American history has a racially disproportionate effect, and I am in favor of state laws or constitutional amendments that restore voting rights when a felon has completed his/her sentence.


David


David Adamany
Laura Carnell Professor of Law
and Political Science, and
Chancellor
1810 Liacouras Walk, Ste 330
Temple University
Philadelphia, PA 19122
(215) 204-9278



David Adamany
Laura Carnell Professor of Law
and Political Science, and
Chancellor
1810 Liacouras Walk, Ste 330
Temple University
Philadelphia, PA 19122
(215) 204-9278

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20141119/26e94bf1/attachment.html>