Jonah Patel
The U.S. Constitution outlines the requirements for presidential candidates, which include being a natural-born citizen, at least 35 years old, and a resident of the United States for at least 14 years. Notably, the Constitution does not mention criminal records or felonies as a disqualifying factor. This has raised questions about whether convicted felons can serve in elected federal offices, including the presidency. While the Constitution does not explicitly prohibit felons from holding public office, it does address felonies in the context of legislative powers, the definition and punishment of certain crimes, and the privileges and protections afforded to members of Congress.
| Characteristics | Values |
|---|---|
| What the constitution mentions felonies in relation to | Defining and punishing Piracies and Felonies committed on the high Seas, Offences against the Law of Nations, declaring War, granting Letters of Marque and Reprisal, making Rules concerning Captures on Land and Water, and raising and supporting Armies |
| Exceptions to arrest during Sessions of Congress | Treason, Felony and Breach of the Peace |
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What You'll Learn
Felons' voting rights
The right to vote is a fundamental aspect of any democratic society, but it is not always guaranteed for everyone. In the United States, the laws regarding voting rights for people with felony convictions vary from state to state, and they can be confusing. While the 14th Amendment of the U.S. Constitution does not explicitly mention felonies, Section 3 disqualifies people who have "engaged in insurrection or rebellion" after taking an oath to uphold the Constitution.
Most states restore the right to vote to citizens after they have completed their sentences, including prison, parole, or probation. However, the specific restrictions and requirements differ across states. For example, in Florida, if a voter has an out-of-state conviction, their voting rights are subject to the laws of the state where the felony conviction occurred. On the other hand, New York allows individuals with felony convictions to vote as long as they are not serving a term of incarceration during the election.
It is important to note that most jurisdictions deny convicted felons specific rights rather than all civil and constitutional rights. The right to vote is often curtailed, along with the right to hold public office, employment rights, domestic rights, and financial and contractual rights. Despite these restrictions, there are efforts to help individuals with felony convictions understand and restore their voting rights. Organizations like the Campaign Legal Center provide resources and information to help citizens with felony convictions navigate the rights restoration process in their state.
While the laws and processes may vary, it is essential to recognize that many individuals with felony convictions can have their voting rights restored. Understanding the specific requirements and restrictions in each state is crucial for ensuring that eligible individuals can participate in the democratic process. By providing clear information and assistance, organizations like the Campaign Legal Center are helping to empower individuals with felony convictions to exercise their right to vote.
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Felons in public office
The eligibility requirements for the US presidency are outlined in the US Constitution, which states that candidates must be natural-born citizens of the United States, at least 35 years old, and have resided in the country for at least 14 years. Notably, the Constitution does not mention criminal records, which means that a person indicted or convicted of a felony would not be barred from running for president as long as they meet the other requirements.
While the Constitution sets a precedent for eligibility, the question of whether felons can hold public office is a complex one and varies depending on the level of government and the specific laws in each state. At the federal level, there is no explicit prohibition in the Constitution against convicted felons serving in Congress. In fact, the Constitution allows a convicted felon to be a member of Congress, even if they are in prison. It is ultimately up to the Senate or House to decide who may serve, and they can vote to expel any member deemed unfit or unqualified.
At the state level, the qualifications for office are determined by state law, and the laws vary across states. For example, in Texas, an individual convicted of a felony cannot run for public office unless they receive a pardon or a formal "judicial release" from felon status. On the other hand, in Connecticut, a former felon can have their right to run for office restored if they have paid all penalties or served their sentences in full and are not on parole.
It is worth noting that most jurisdictions deny convicted criminals specific rights, such as the right to vote, hold public office, employment rights, domestic rights, and financial and contractual rights. Additionally, certain federal laws, such as 29 U.S.C. § 504 and § 1111, prohibit individuals convicted of certain crimes from serving in specific capacities, such as labour union officials or consultants to employee benefit plans.
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Felonies committed on the high seas
The US Constitution gives Congress the power to "define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations". This means that Congress has the authority to establish and enforce laws regarding crimes that occur in international waters, outside the jurisdiction of any single nation.
The "special maritime and territorial jurisdiction of the United States" includes places outside the jurisdiction of any nation when the offense is committed by or against a US national. This jurisdiction covers crimes such as murder, manslaughter, maiming, kidnapping, rape, assault, and robbery.
Additionally, the US has jurisdiction over offenses committed on the high seas or any other waters within its admiralty and maritime jurisdiction, even if they are outside the jurisdiction of any particular state.
Some specific crimes that fall under the category of "Felonies committed on the high seas" include:
- Conspiracy to murder, kidnap, or maim persons or damage certain property overseas
- Providing material support to terrorists or designated terrorist organizations
- Use of biological, nuclear, or chemical weapons of mass destruction
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Felonies and arrest privileges
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanour is regarded as less serious. The term "felony" originated from English common law, derived from the French medieval word "félonie", to describe an offence that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added. In the United States, the felony-misdemeanour distinction is still widely applied, and a felony is defined as a crime punishable by death or imprisonment of more than a year.
In the context of arrest privileges, Article I, Section 6, Clause 1 of the US Constitution, also known as the "Privilege from Arrest" clause, provides that members of Congress shall be privileged from arrest when attending or travelling to and from Congress, except in cases of treason, felony, or breach of the peace. This provision was influenced by English parliamentary and colonial practices, as well as the precedent established by the Articles of Confederation of 1781, which stated that members of Congress should be protected from arrest and imprisonment during their tenure, except for treason, felony, or breach of the peace.
The interpretation of "treason, felony, and breach of the peace" has been a subject of discussion. Some sources indicate that this phrase was intended to exclude all arrests and prosecutions for criminal offences, effectively confining the parliamentary privilege to arrests in civil cases. Justice Joseph Story, in his Commentaries on the Constitution of the United States, reasoned that privilege from arrest reflected the superior duties of members of legislative bodies to the legislative process and the representation of their constituents. He argued that when a representative or senator is withdrawn from their seat by a summons, the people they represent lose their voice in debate and vote.
It is important to note that the specific rights and privileges of convicted felons can vary across different jurisdictions. For example, in Alaska, statutes currently suspend the civil rights of criminals sentenced to the state penitentiary during their prison and parole terms, while in Florida, convicted felons may regain their right to vote upon completing their sentence, including parole or probation. Additionally, in some states, the restoration of rights may depend on the repayment of various fees associated with the felon's arrest, processing, and prison stay.
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Felonies and eligibility for president
The U.S. Constitution does not explicitly prohibit a person with a felony conviction from running for president. Eligibility requirements for presidents state only that they must be at least 35 years old, be a natural-born citizen of the United States, and have been a resident of the country for at least 14 years.
While the Constitution does not mention criminal records, a person indicted or convicted of a felony may still be barred from serving as president if they are disqualified under Section 3 of the 14th Amendment, which prohibits anyone who has "'engaged in insurrection or rebellion'" from holding public office. This clause was written after the U.S. Civil War and does not mention other crimes.
In addition, while a felony conviction may not prevent someone from becoming president, it could impact their ability to hold certain other offices or employments. For example, many federal employees may not be hired if they have a felony conviction on their record.
It is worth noting that, historically, some candidates have campaigned for president while incarcerated, with varying degrees of success. For example, Eugene V. Debs served as the Socialist Party's nominee in 1920 while imprisoned for speaking out against World War I. Vermont congressman Matthew Lyon won re-election in 1798 while imprisoned under the Sedition Act for speaking out against President John Adams.
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Frequently asked questions
Yes, a convicted felon can be elected president. The Constitution does not mention criminal records, and only sets a few requirements for eligibility: being a natural-born citizen, at least 35 years old, and having resided in the US for at least 14 years.
The Constitution mentions felonies in the context of granting Congress the power to "define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations". It also mentions felonies in the context of granting certain privileges to Senators and Representatives, stating that "in all Cases, except Treason, Felony and Breach of the Peace", they shall be privileged from arrest during their attendance at Congressional sessions.
The 14th Amendment prohibits anyone who has engaged in insurrection or rebellion against the United States from holding public office, unless overridden by a two-thirds vote in both chambers of Congress. However, this clause specifically mentions "insurrection or rebellion" and does not explicitly mention other felony convictions.
Having a felony record can prevent an individual from voting in some states. The specific laws vary by state, with some states suspending the voting rights of incarcerated individuals, while others allow voting as long as the person is not serving a term of incarceration.
