Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Call me simple-minded, but if you serve the time, you should regain all rights. How is any of this constitutional? Like, how can your right to vote be removed?


The concept of universal suffrage is a relatively recent thing. Indeed, it doesn't even exist given felon disenfranchisement.

Long story short, it's constitutional because the disenfranchisement of felons was expressly contemplated by the 14th Amendment.

  But when the right to vote at any [Federal] election ... is
  denied to any of the male inhabitants of such State, being
  twenty-one years of age, and citizens of the United States,
  or in any way abridged, except for participation in
  rebellion, or other crime, the basis of representation
  therein shall be reduced in the proportion which the number
  of such male citizens shall bear to the whole number of male
  citizens twenty-one years of age in such State.
Technically speaking any kind of disenfranchisement is contemplated here. It's just that, excepting felons, the consequence is that a state loses representation. That said, most forms of disenfranchisement would be disallowed under Federal constitutional law for other reasons.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: