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Felony Disenfranchisement

Felony Disenfranchisement. Taylor Diles Section VF 4/4/12. The Problem. There are approximately 5.3 million people who cannot vote due to current state voting laws Four states (IA, FL, KY, VA) do not allow a convicted felon to vote ever again

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Felony Disenfranchisement

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  1. Felony Disenfranchisement Taylor Diles Section VF 4/4/12

  2. The Problem • There are approximately 5.3 million people who cannot vote due to current state voting laws • Four states (IA, FL, KY, VA) do not allow a convicted felon to vote ever again • Two states (ME, VT) allow inmates in their prison system to cast ballots • Every other state is in between these two extremes

  3. Current Laws

  4. Current Laws

  5. For Felony Disenfranchisement • The Constitution • Article I, Section IV • Under Section 2 for the 14th Amendment, “those who participate in rebellion or crime” may have their voting rights removed • The severity of the crime necessary for such removal is not specified, leaving it up to each individual state (10th Amendment) • Punishment • When sent to prison, basic rights are stripped- that is your punishment • Privacy, Free Speech, purchasing weapons, etc… • Judgment Precedence • Children & Clinically Insane can’t vote- their judgment isn’t trusted

  6. Against Felony Disenfranchisement • Constitution • 8th Amendment rules out “cruel and unusual punishment” • Aren’t most rights restored after sentence is completed? • Article I, Section IV also allows Congress to make any changes to voting laws they deem necessary • Is it illegal? • Voting Rights Act of 1965 removes discriminatory voting laws • Of the 5.3 million people currently disenfranchised, 2 million are African American • Nationwide: 8% of African American population, compared to 2% of White Population • 34% of African Americans in Iowa are disenfranchised (highest rate in the nation)

  7. Mediation • States shouldn’t control who votes in federal elections. Congress should use their power under Article I, Section IV to create a federal voting law • For state elections, current laws will stay the same • Those convicted of a felony will not be able to vote while in prison • Upon release from prison, right to vote is restored • 13 states and District of Columbia already practice this law

  8. Why? • Prisoners deserve to be punished for their crime, and rights should be taken away • However, when released from prison, they are free • Can buy alcohol, peacefully protest, get a job, etc… • Current laws are not illegal • There are 15 times more men in prison than women. Is that sexist? Of course not! • The Constitution is very vague and open to interpretation • This finds a middle ground between the 8th and 14th Amendments

  9. Works Cited • "Constitution of the United States." U.S. Senate. Web. 02 Apr. 2012. • "Felony Disenfranchisement." The Sentencing Project. Web. 02 Apr. 2012. <http:// www.sentencingproject.org/map/statedata.cfm?abbrev=NA>. • "14th Amendment." Legal Information Institute. Cornell University. Web. 02 Apr. 2012. • "Pros and Cons: Felon Voting." Felon Voting. 12 Sept. 2011. Web. 02 Apr. 2012. <http:// felonvoting.procon.org/view.resource.php?resourceID=000283>. • "Section 2 of the Voting Rights Act." The United States Department of Justice. Web. 02 Apr. 2012. • "Voting After Criminal Conviction." Brennan Center for Justice. New York University. Web. 02 Apr. 2012.

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