View Poll Results: Is banning felons from voting constitutional?

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  • Yes. Felons should lose their right to vote under the constitution during and after incarceration.

    7 20.59%
  • Felons constitutionally lose their right to vote only during incarceration.

    15 44.12%
  • There is no constitutional justification to ban felons from voting during or after incarceration

    12 35.29%
  • Stop using the race card!

    0 0%
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Thread: Is banning convicted felons from voting compliant with the constitution?

  1. #41
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    Re: Is banning convicted felons from voting compliant with the constitution?

    It's allowed under the Constitution-- remember, it took a Constitutional amendment to allow non-landowners to vote-- but that doesn't make it any less wrong.

  2. #42
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    Re: Is banning convicted felons from voting compliant with the constitution?

    Convicted felons loose many rights when incarcerated.

    Personally I find loss of voting rights perfectly reasonable.

    I do think they should regain the right to vote immediately (or very soon afterwards) upon finishing up their sentence.
    Education.

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    Re: Is banning convicted felons from voting compliant with the constitution?

    AMENDMENT XIV
    Passed by Congress June 13, 1866. Ratified July 9, 1868.

    Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

    Section 1.
    All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    Section 2.
    Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, 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.

  4. #44
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    Re: Is banning convicted felons from voting compliant with the constitution?

    Per the 5th Amendment, you cannot be deprived of liberty without due process of law.

    A convicted felon, by definition, has gone through due process of law.

  5. #45
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    Re: Is banning convicted felons from voting compliant with the constitution?

    voting is a privilege under constitutional law....it not a natural right.

    The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

    rights do not have Qualifications requisite

    rights are negative law......and requires no action from government to exercise

    privileges are positive law.. an require an action of government to exercise

    Negative vs. Positive Rights


    A negative right is a right not to be subjected to an action of another person or group; negative rights permit or oblige inaction.

    A positive right is a right to be subjected to an action or another person or group; positive rights permit or oblige action.

    Negative and positive rights frequently conflict because carrying out the duties conferred by positive rights often entails infringing upon negative rights. For example, the positive right to social welfare confers a duty upon the government to provide services. Carrying out this duty entails increasing state expenditures, which would likely require raising taxes. This would however infringe upon citizens’ negative right not to have their money taken away from them. Because positive rights imply positive duties to take action whereas negative rights imply that others must only refrain from taking action, positive rights are generally harder to justify and require more complex ethical substantiation than negative rights.
    http://www.globalization101.org/nega...sitive-rights/

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    Re: Is banning convicted felons from voting compliant with the constitution?

    Ban them.

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    Re: Is banning convicted felons from voting compliant with the constitution?

    Quote Originally Posted by cpgrad08 View Post
    Once their time is served all rights and I mean all rights need to be restored to them.
    Yea, because we need to extent back to them their gun rights. Once they have already proved they cant live in civil society.

  8. #48
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    Re: Is banning convicted felons from voting compliant with the constitution?

    Quote Originally Posted by Smeagol View Post
    First, let me say I have traditionally opposed felons having the right to vote. However, in 2012 with what seemed to ME to be deliberate efforts to create obstacles for certain people to vote based on how they are likely to vote, I began to ponder the legality to restrictions and hindrances to voting and the one man one vote concept. I might be missing something, admittedly, but I see nothing in the constitution that justifies stripping an an American citizen of their civil rights with the exception of involuntary servitude specifically limited to the duration of their sentance. This means, if I'm correct felons have a right to vote after their incarceration. I also believe, not based on any personal desire or agenda but objective understanding of what US citizenship affords, specifically equal protection under the law; felons currently incarcerated also have a right to vote no different than their rights to access to the courts.

    Have fun responding.
    After the punishment phase is completed to the satisfaction of the courts (this would include probation), ALL rights and liberties of the individual should once again recognized.
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  9. #49
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    Re: Is banning convicted felons from voting compliant with the constitution?

    Quote Originally Posted by Ikari View Post
    After the punishment phase is completed to the satisfaction of the courts (this would include probation), ALL rights and liberties of the individual should once again recognized.
    IN MY OPINION:

    the federal government wrote the amendment that way to bar former southern government officials from holding office again....they could no longer vote which is part of the actions/duties of an elected official.

  10. #50
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    Re: Is banning convicted felons from voting compliant with the constitution?

    Quote Originally Posted by CRUE CAB View Post
    Yea, because we need to extent back to them their gun rights. Once they have already proved they cant live in civil society.
    I can see the justification with regard to guns and violent felons, though an outright ban on a convicted owning a firearm simply because of a felony conviction has problems Constitutionally. But let's face there are lots of non violent felonies the distinction between a felon and a misdemeanor is getting thinner every day.

    As far as voting goes there's really no good reason to restrict any citizen's voting rights.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

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