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Some comments in reply to Eugene Volokh's (interesting, useful) points
about felon disenfranchisement:
Isn't it the case that anyone who satisfies the requirements for
federal elected office set out in the Constitution can be elected, and
that we can't exclude convicted felons who otherwise qualify? It seems
odd that a convicted felon would have a constitutional right to
literally be one of our "governors" by being elected to federal office,
but excluded from being a more indirect, metaphorical "governor" by
voting in the same election in which he runs for office. I know that
the same situation applies to many state offices: there are historical
examples of people running for office from jail, even serving from jail,
are there not?
Also, following up on Eugene's analogy to the 2nd Amendment, what about
the 1st Amendment? Would we say that ex-felons are disqualified from
writing their congressmen, petitioning their government for redress of
grievances, making campaign contributions, serving as elected delegates
to their party's convention, or otherwise participating in the
"government" of the people? I don't think we COULD say it, could we?
I think the answer to all these questions is that all citizens have a
right to contribute to the government of the people regardless of their
criminal past. Taking away 1st Am, 2nd Am, voting rights, or other
rights isn't justified absent some compelling interest, and no
criminological or penological interest is served by doing it. Except
possibly for where the ex-felon committed a crime with a gun or was
otherwise dangerous, I don't see an argument for taking away the 2nd Am
right either. Criminal laws are probably too broad right now on that
score. Similarly, except possibly for crimes involving election fraud,
I don't see an argument for taking away voting rights.
(Indeed, it might actually be salutary to have ex-felons' input re:
public policy questions on prison conditions, the criminal justice
system, or even the wisdom of substantive criminal laws. I for one
would like to hear from them re: the sentencing disparity between powder
cocaine and crack.)
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