Eleanor Finch
The right to vote is not explicitly mentioned in the US Constitution, but it appears in five separate places: the 14th, 15th, 19th, 24th and 26th Amendments. Despite this, the US Supreme Court has upheld the constitutionality of felon disenfranchisement statutes, finding that the practice does not deny equal protection to disenfranchised voters. The debate over felon voting rights is ongoing, with only two states – Vermont and Maine – having no restrictions on voting rights.
| Characteristics | Values |
|---|---|
| Felons' voting rights protected by the Constitution | No |
| Felons' voting rights restricted by the Constitution | Yes |
| Felons' voting rights restricted by the 14th Amendment | Yes |
| Felons' voting rights restricted by the 15th Amendment | No |
| Felons' voting rights restricted by the 19th Amendment | No |
| Felons' voting rights restricted by the 24th Amendment | No |
| Felons' voting rights restricted by the 26th Amendment | No |
| States with no restrictions on felons' voting rights | Vermont, Maine, D.C. |
| States with permanent restrictions on felons' voting rights | Kentucky, Florida, Iowa |
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What You'll Learn
- Felons' voting rights are not explicitly enumerated in the US Constitution
- The 14th Amendment gives affirmative sanction to rules restricting felons' voting rights
- The US Supreme Court upheld the constitutionality of felon disenfranchisement statutes in 1974
- Only two states have no restrictions on voting rights for felons
- Felony disenfranchisement is undemocratic
Felons' voting rights are not explicitly enumerated in the US Constitution
Despite this, constitutional challenges to restrictions on voting rights for convicted felons have been unsuccessful. Felony disenfranchisement laws have been held to be constitutional, with only Vermont and Maine having no restrictions on voting rights. The debate over felon voting rights is ongoing, and it is unlikely that the courts will settle the matter anytime soon. However, recent news out of Virginia may prove to be a turning point in the political fight.
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The 14th Amendment gives affirmative sanction to rules restricting felons' voting rights
The right to vote is not explicitly enumerated in the text of the U.S. Constitution, but it appears in five separate places: the 14th Amendment, the 15th Amendment, the 19th Amendment, the 24th Amendment and the 26th Amendment. Constitutional challenges to restrictions on voting rights for convicted felons have been unsuccessful. Felony disenfranchisement laws have been held to be constitutional, and only two states—Vermont and Maine—have no restrictions on voting rights.
The debate over felon voting rights is ongoing, and it is unlikely that the courts will settle the issue anytime soon. However, the recent news out of Virginia may prove to be a turning point in the political fight.
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The US Supreme Court upheld the constitutionality of felon disenfranchisement statutes in 1974
The right to vote is not explicitly stated in the US Constitution, but it appears in five separate places: the 14th Amendment, the 15th Amendment, the 19th Amendment, the 24th Amendment and the 26th Amendment. Despite this, constitutional challenges to restrictions on voting rights for convicted felons have been unsuccessful.
In Richardson v. Ramirez (1974), the US Supreme Court upheld the constitutionality of felon disenfranchisement statutes, finding that the practice did not deny equal protection to disenfranchised voters. The Court looked to Section 2 of the Fourteenth Amendment to the US Constitution, which states that states in which adult male citizens are denied the right to vote for any reason other than "participation in rebellion, or other crime" will suffer a reduction in the basis of their representation in Congress.
In Richardson v. Ramirez, the Supreme Court held, 6-3, that convicted felons could be barred from voting beyond their sentence and parole without violating the Equal Protection Clause of the Fourteenth Amendment to the Constitution. The case was brought by three individuals who had been refused registration to vote in three different California counties because of their felony convictions.
Felony disenfranchisement laws have been held to be constitutional, unlike most laws that burden the right of citizens to vote based on some form of social status. Only two states – Vermont and Maine – have no restrictions on voting rights.
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Only two states have no restrictions on voting rights for felons
The right to vote is not explicitly enumerated in the text of the U.S. Constitution, but it appears in five separate places: the 14th Amendment, the 15th Amendment, the 19th Amendment, the 24th Amendment and the 26th Amendment. Despite this, constitutional challenges to restrictions on voting rights for convicted felons have been unsuccessful. In Richardson v. Ramirez (1974), felons argued that such restrictions violate equal protection rights, but the U.S. Supreme Court held that Section 2 of the 14th Amendment gives “affirmative sanction” to those rules. The Supreme Court upheld the constitutionality of felon disenfranchisement statutes, finding that the practice did not deny equal protection to disenfranchised voters.
Felony disenfranchisement laws have been held to be constitutional. The Court looked to Section 2 of the Fourteenth Amendment to the United States Constitution, which proclaims that States in which adult male citizens are denied the right to vote for any reason other than "participation in rebellion, or other crime" will suffer a reduction in the basis of their representation in Congress.
Despite this, only two states have no restrictions on voting rights for felons: Vermont and Maine. After the April 22 order, Kentucky, Florida, and Iowa are now the only states with permanent felon disenfranchisement. It is unlikely that courts will settle the debate over felon voting rights anytime soon, but recent news out of Virginia may prove to be a turning point in the ongoing political fight.
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Felony disenfranchisement is undemocratic
Felony disenfranchisement is the removal of voting rights from people with felony convictions. In the United States, only two states—Vermont and Maine—have no restrictions on voting rights. In the remaining states, people with felony convictions are either temporarily or permanently banned from voting.
The right to vote is not explicitly stated in the US Constitution, but it appears in five separate places: the 14th, 15th, 19th, 24th, and 26th Amendments. Despite this, constitutional challenges to restrictions on voting rights for convicted felons have been unsuccessful. In Richardson v. Ramirez (1974), the Supreme Court held that Section 2 of the 14th Amendment gives "affirmative sanction" to felony disenfranchisement.
However, this ruling has been criticised as undemocratic. Some argue that it is undemocratic to deny the vote to adults who pay taxes, regardless of their past crimes. Additionally, felony disenfranchisement disproportionately affects communities of colour, further marginalising these groups and undermining the democratic principle of equal representation.
The debate over felon voting rights is ongoing, and it is unlikely that the courts will settle the matter soon. However, recent news out of Virginia may prove to be a turning point in the political fight. As the conversation continues, it is essential to consider the democratic implications of felony disenfranchisement and the impact on the representation of marginalised communities.
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Frequently asked questions
No. In Richardson v. Ramirez (1974), the United States Supreme Court upheld the constitutionality of felon disenfranchisement statutes, finding that the practice did not deny equal protection to disenfranchised voters.
The right to vote is not explicitly enumerated in the text of the US Constitution, but it appears in five separate places: the 14th Amendment, the 15th Amendment, the 19th Amendment, the 24th Amendment and the 26th Amendment.
It’s undemocratic to deny the vote to adults who pay taxes, regardless of their past.
Because of their vicious crimes, disregard for the law, and frequent arrests, felons should lose their say in the law-making process.
Only two states—Vermont and Maine—have no restrictions on voting rights.
