Isabella Carter
The right to vote is a vital component of democratic societies, and the interpretation of voting rights laws is often a contentious issue. In the United States, the Constitution and its amendments, such as the Fourteenth Amendment, have been central to debates around voting rights, specifically concerning the disenfranchisement of felons. The interpretation of the Fourteenth Amendment has been pivotal in court rulings on this issue, with Section 2 being particularly significant. While some argue that the U.S. Constitution supports felony disenfranchisement, others claim that it violates the Equal Protection Clause.
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What You'll Learn
The Supreme Court ruling on felony disenfranchisement
In Richardson v. Ramirez (1974), the U.S. Supreme Court ruled 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 Court's decision was based on its interpretation of Section 2 of the Fourteenth Amendment, which it construed as granting states the power to disenfranchise those convicted of criminal offences. This interpretation has been criticised, with Justice Marshall dissenting that Section 2 was intended to address the disenfranchisement of Black citizens rather than exempt felons from equal protection.
In the case, three individuals who had been denied voter registration in California due to their felony convictions brought a class petition challenging the constitutionality of their disenfranchisement. The California Supreme Court initially ruled in their favour, finding that the law violated equal protection guarantees. However, on appeal, the U.S. Supreme Court reversed this decision, holding that states do not need to prove that felony disenfranchisement laws serve a compelling state interest. The Court's majority opinion was written by Justice William Rehnquist.
The Supreme Court's ruling in Richardson v. Ramirez set a precedent for subsequent felony disenfranchisement cases. For example, in McLaughlin v. City of Canton, Mississippi (1995), the court ruled that strict scrutiny was required for disenfranchisement based on a misdemeanour conviction rather than a felony. In 2023, the North Carolina Supreme Court upheld a 1973 law that disenfranchised individuals convicted of felonies, rejecting a lower court ruling that found the law disproportionately harmed Black people. Associate Justice Trey Allen, who authored the majority opinion, argued that the law did not engage in racial discrimination and that reforms had made it easier for eligible felons to regain their voting rights. However, this ruling was criticised by voting rights advocates, who likened it to past opinions supporting slavery and perpetuating racial discrimination.
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The Fourteenth Amendment and equal protection
The Fourteenth Amendment contains the Equal Protection Clause, which is a fundamental part of ensuring that all citizens are guaranteed due process and equal treatment under the law. The Equal Protection Clause was written to constitutionalize the anti-discrimination principles of the Civil Rights Act of 1866, preventing the enforcement of the southern states' Black Codes.
The Fourteenth Amendment gave citizenship to formerly enslaved people and established birthright citizenship, thereby granting the right to vote to many citizens, particularly people of colour, who had previously been denied it. The Equal Protection Clause establishes that all citizens should be treated equally by the law.
However, the Fourteenth Amendment has been interpreted differently when it comes to felons' voting rights. Section 2 of the Fourteenth Amendment has been construed as granting states the power to disenfranchise those convicted of criminal offences. This interpretation has been criticized, with Justice Marshall arguing that Section 2 was intended to address racial discrimination in voting rights, not to exempt felons from equal protection.
Despite this interpretation of Section 2, the Supreme Court has also ruled that discriminatory disenfranchisement provisions that violate the equal protection clause cannot be protected by Section 2. For example, in Hunter v. Underwood, the Supreme Court unanimously declared that Section 2 did not protect a provision of the Alabama constitution that disenfranchised offenders guilty of "crimes of moral turpitude," as it was intended to prevent blacks from voting and continued to have a racially disproportionate impact.
In addition to the Fourteenth Amendment, the Voting Rights Act of 1965 and other federal laws also play a role in protecting voting rights and ensuring that elections are free, fair, and unmarred by fraud or discrimination.
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State voting laws and their constitutionality
The right to vote in the United States is protected by the Constitution, which mandates that state governments must safeguard elections in compliance with federal laws that protect voting rights. However, the Constitution does not explicitly address whether felons can be barred from voting, and this has been a matter of debate and litigation.
In the landmark case of Richardson v. Ramirez (1974), the Supreme Court of the United States ruled that convicted felons could be barred from voting beyond their sentence and parole without violating the Equal Protection Clause of the Fourteenth Amendment. The Court relied on Section 2 of the Fourteenth Amendment, which states that the right to vote can be denied for "participation in rebellion, or other crime". This decision affirmed that felony disenfranchisement is constitutionally valid.
However, the constitutionality of felony disenfranchisement laws has been challenged on the basis of racial discrimination. In California, the Supreme Court initially ruled that disenfranchising ex-felons was unconstitutional as a violation of equal protection guarantees. This was in response to a case where Abran Ramirez, a convicted felon, was refused voter registration. The California Supreme Court's ruling was later reversed by the US Supreme Court in Richardson v. Ramirez. Nevertheless, in Hunter v. Underwood, the Supreme Court unanimously declared that Section 2 did not protect disenfranchisement provisions that reflected "purposeful racial discrimination". This decision acknowledged the historical context of felony disenfranchisement laws, which were often enacted to target and disenfranchise Black citizens.
The Voting Rights Act of 1965 and subsequent amendments reinforce the protection of voting rights, particularly against discriminatory state practices. In Baker v. Pataki (1996), inmates claimed that New York laws denying the franchise to incarcerated and paroled felons violated the Voting Rights Act due to their racially disproportionate impact. While the court was divided on this issue, it highlights the ongoing legal debates surrounding felony disenfranchisement and its intersection with racial discrimination.
The constitutionality of state voting laws remains a complex and evolving issue. While the Supreme Court has upheld the constitutionality of felony disenfranchisement, it has also acknowledged the importance of addressing purposeful racial discrimination in voting laws. The interpretation and application of these rulings continue to shape the voting rights landscape in the United States.
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Racial discrimination in disenfranchisement
The United States Constitution does not explicitly bar felons from voting. However, the interpretation of Section 2 of the Fourteenth Amendment has been used to justify the disenfranchisement of felons. This interpretation has been criticised for exempting felons from equal protection coverage, and for its racially discriminatory impact.
The US Supreme Court has acknowledged the racially discriminatory nature of some disenfranchisement laws. In Hunter v. Underwood, the Court unanimously declared that Section 2 did not protect disenfranchisement provisions that reflected "purposeful racial discrimination". The Court specifically struck down Alabama's disenfranchisement law, which targeted "offenders guilty of misdemeanours of moral turpitude", finding that the intent of the provision had been to prevent Black citizens from voting.
Despite this ruling, racial discrimination in disenfranchisement persists in the US, perpetuated by criminal justice policies that disproportionately target Black Americans. This has led to what has been termed "The New Jim Crow", where Black Americans are denied key rights due to their overrepresentation in the criminal justice system. The future of the Black vote remains threatened by the criminalization of Black youth, who face excessive discipline in schools and disproportionate incarceration rates.
The widespread disenfranchisement of felons has significant implications for health equity. Research suggests that racialized disenfranchisement undermines the health of Black people, leading to more depressive symptoms, functional limitations, and difficulty performing activities of daily living.
To address these issues, scholars advocate for further research to build a robust understanding of the links between racialized disenfranchisement and health. Additionally, efforts to reform schools and courts are necessary to reduce the criminalization of Black youth and sustain political power in the Black community.
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The history of disenfranchisement and its impact
The history of felony disenfranchisement in the United States is steeped in racial discrimination and has had a profound impact on the country's political landscape, particularly for African Americans.
The roots of felony disenfranchisement can be traced back to the end of the Civil War and the expansion of suffrage to include black men. At this pivotal moment in American history, two interconnected trends emerged that worked to disenfranchise African Americans. Firstly, lawmakers, particularly in the South, enacted a slew of criminal laws specifically targeting black citizens. Simultaneously, many states passed broad disenfranchisement laws that revoked the voting rights of anyone convicted of a felony. This combination effectively created a significant barrier for newly enfranchised black voters, as they were now more likely to be ensnared by the criminal justice system due to racially targeted laws.
The 14th Amendment, Section 2, has been a key component in the legal debate surrounding felony disenfranchisement. It states that when the right to vote is denied to male citizens over 21, except in cases of "participation in rebellion, or other crime", the basis of representation for that state shall be reduced proportionally. Critics argue that this section does not endorse felony disenfranchisement statutes but instead addresses the issue of reduced representation. The interpretation of this section has been contentious, with Justice Marshall dissenting that it was not intended to exempt felons from equal protection but rather to cure the disenfranchisement of blacks when an explicit grant of suffrage was not politically feasible.
The Supreme Court's ruling in Hunter v. Underwood in 1985 was a pivotal moment in addressing the racial discrimination inherent in some felony disenfranchisement laws. The Court unanimously declared that Section 2 did not protect disenfranchisement provisions that reflected "purposeful racial discrimination" in violation of the equal protection clause. This ruling set a precedent for challenging discriminatory felony disenfranchisement laws, such as in the case of McLaughlin v. City of Canton, Mississippi, where the court ruled that strict scrutiny was required for disenfranchisement based on a misdemeanor rather than a felony conviction.
The impact of felony disenfranchisement laws has been significant, with an estimated 6.1 million Americans prevented from casting ballots. This widespread disenfranchisement disproportionately affects people of color, particularly African Americans, who are four times more likely to lose their voting rights. The consequences extend beyond the denial of voting rights, as ex-felons often face challenges in securing employment, housing, and accessing state and federal benefits, hindering their successful reintegration into society. Additionally, studies have linked felony disenfranchisement to adverse health outcomes for African Americans, further exacerbating the negative consequences of these policies.
The United States stands alone among modern democracies in stripping voting rights from millions of citizens based on criminal convictions. The history of felony disenfranchisement in the country is a stark reminder of the enduring legacy of racial discrimination and the ongoing struggle for equal voting rights for all citizens.
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Frequently asked questions
No, the US Constitution does not explicitly bar felons from voting. However, Section 2 of the Fourteenth Amendment has been interpreted to grant states the right to disenfranchise felons.
Yes, Vermont and Maine are the only two states that do not disenfranchise felons while in prison. California also amended its constitution in 1974 to allow people with felony convictions to vote after completing their incarceration and parole.
Studies have shown that restoring the voting rights of felons can help reduce the likelihood of recidivism and facilitate their reintegration into society. Additionally, some argue that felony disenfranchisement disproportionately affects African Americans and other people of color.
