NCJ Number
13114
Journal
Yale Law Journal Volume: 83 Issue: 3 Dated: (JANUARY 1974) Pages: 580-601
Date Published
1974
Length
22 pages
Annotation
CURRENT EX-FELON DISENFRANCHISEMENT LAWS SERVE NO SOCIETAL PURPOSE AND FAIL TO MEET STANDARDS PROSCRIBED BY THE CONSTITUTION.
Abstract
BY ACCEPTING FOR REVIEW TWO CASES IN WHICH EX-FELONS HAVE BEEN DEPRIVED OF THEIR RIGHTS TO VOTE, THE SUPREME COURT HAS ASSUMED THE RESPONSIBILITY OF EVALUATING THE PURPOSE, EFFECT, AND CONSTITUTIONALITY OF STATE STATUTES WHICH ARBITRARILY DISENFRANCHISE EX-FELONS. CONSTITUTIONAL FAULT CAN BE FOUND IN THESE STATUTES REGARDLESS OF THEIR RATIONALE. IF THE PRIMARY PURPOSE IS AVOIDANCE OF ELECTION CRIMES, THESE STATUTES AS WRITTEN CANNOT SURVIVE THE MOST PERMISSIVE EQUAL PROTECTION STANDARD. IF THE PURPOSE IS REGULATORY, DUE PROCESS OBJECTIONS WILL ARISE, AND IF IT IS PUNATIVE, IT CAN BE COMPARED TO REVOKED CITIZENSHIP, WHICH THE SUPREME COURT HAS HELD TO BE 'CRUEL AND UNUSUAL'.