Court validates Mississippi's lifetime ban on felons voting

Reuters ^ | 18 Jul 2024 | Nate Raymond

[blueplum]

July 18 (Reuters) - A U.S. appeals court on Thursday upheld Mississippi's lifetime ban on voting for people convicted of certain felonies, saying the policy was not a cruel and unusual punishment....U.S. Circuit Judge Edith Jones, writing for the majority, said the U.S. Supreme Court had already in 1974 held states could enact laws disenfranchising felons....

[blueplum]

in a nutshell, if a state wishes to reform disenfranchisement, it should happen via legislative action, not "judicial fiat".

[Jonty30]

Although, I disagree with the legislative meaning, I do not disagree that it needs to be left with the legislature to correct.

In my view, if somebody commits a crime that warrants prison, they should lose their citizenship. They work back to becoming a citizen through procedural means, just like any other legal immigrant.

[lee martell]

“Certain felonies” is the key.

[Mr. N. Wolfe]

We’re in the era of lawfare. A two-tiered justice system that prosecutes citizens for their political or religious beliefs.

Will the victims of lawfare have their voting rights restored?

[Don W]

I had never considered your perspective before. How exactly COULD one “lose” their BIRTHRIGHT citizenship by criminal act?

That sounds rather draconian, indeed authoritarian on its face. I would hate to even try to delve deeper into that outrageous idea.

If you want to pursue that line of reasoning (lawbreakers have no say in how laws are written) why not extend that back to how the Founders intended the government to work? Where the actual land/asset owners that pay all the taxes have a vote, but those who do not pay taxes, excise or otherwise, do NOT get a vote.

[Jonty30]

I hear you, but voting is also unconditional, if you are a citizen. If you can take away their right to vote for life, you are effectively removing a right to citizenship because they can’t exercise it.

Yes, I’m well aware of how my good intents would be abused by liberals, as they do in all things.

[exnavy]

I would agree. The constitutional mandate is for the right to vote. I think about this: there is no right to a home,medical coverage, car, horse, etc. Life, liberty, firearms, and voting are protected. Granted felony crime is a serious anti social behavior that needs correction. Never to vote again seems excessive.

[HIDEK6]

If voting mattered, they wouldn’t let you do it.

[Svartalfiar]

The constitutional mandate is for the right to vote. I think about this: there is no right to a home,medical coverage, car, horse, etc. Life, liberty, firearms, and voting are protected. Granted felony crime is a serious anti social behavior that needs correction. Never to vote again seems excessive.

There was no "right to vote" until the 15th Amendment came along.

[mbrfl]

>>”I hear you, but voting is also unconditional”

Is it? Due process is unconditional. But people’s Constitutional rights are taken from them every day, when they’re sent to prison. People lose their right to keep and bear arms in prison. The key is due process. Randomly denying someone of his right to vote, speak, bear arms, etc. with no due process is one thing. Doing so as punishment for a crime is Constitutional as long as it’s not cruel and unusual.

[Jonty30]

If their Constitutional Rights are taken away when they are sent to prison, goodbye birthright citizenship.

They can earn it back by going the same process as an immigrant.

[mbrfl]

Sounds reasonable to me.

[Red in Blue PA]

That is a Mark Twain quote. You should note that.

[zeugma]

Granted felony crime is a serious anti social behavior that needs correction

I think you'd be surprised at the stupid and trivial things that are now considered "felonies".

If your freedom of movement is not being restricted (i.e., you are in prison), the government has no legitimate power to remove rights you were born with.

[Magnum44]

You make a very important point. ‘Felony’ is usually only tied to the length of prison time associated with the crime, not the type or level of violence of a crime. The length of prison sentence associated with a felony is usually one year, though it may vary depending on the state. But as you point out, many non-violent as well as blue collar crimes have sentences over a year, thus getting the ‘felony’ label. For these non-violent crimes, Once a person has paid their debt to society, all rights should be restored.

[justme4now]

The Constitution does not grant "Rights"!
It is a control on government powers.
There is no Right to vote!

Nowhere in the U.S. Constitution is there an explicit guarantee of the right to vote.

Prior to becoming president of the United States, Barack Obama, as a professor of constitutional law at the University of Chicago, began each of his constitutional law classes stunning his students with the surprising fact that a “citizenship or individual right to vote” is not in the Constitution.

[scrabblehack]

Amendment 14, Section 2:
except for participation in rebellion, or other crime

Clearly it is in the hands of the state legislature.