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Re:Restoring felon voting rights a 'mess' in battleground Fl... by geggam on Tuesday October 08, 2019 @03:38PM (#21196285)
I haven't ever understood how being a felon removes a right ?

Rights aren't something the govt gives so how can the govt remove them ?

Re:Restoring felon voting rights a 'mess' in battleground Fl... by AcerbicZero on Tuesday October 08, 2019 @04:09PM (#21196613)
I think the confusion is between rights, and societal privilege, or "legal rights". The waters can be a bit muddied here, and there are various political philosophies here, but most Western nations follow some form of classic natural rights.

So in the context of voting, you have no natural right to vote, because in a state of nature the only authority is your own, and you don't need to vote with yourself. A society comes along, and sets up a governing body, say, democratically, and says "everyone gets to vote!". However, this isn't a right, but instead a privilege, (or perhaps a legal right) which derives its authority from society, which means society can do what it pleases with it.

Natural rights cannot be removed by society, only infringed upon. I.e. you never "lose" your right to life, just because society decides to have you executed. They've just infringed upon it in the worst possible way.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by geggam on Tuesday October 08, 2019 @04:35PM (#21196942)
Others think govt is merely an extension of natural law...

Similarly, Sabine notes the position of John Locke in Essay concerning Human Understanding:

[Civic power] can have no right except as this is derived from the individual right of each man to protect himself and his property. The legislative and executive power used by government to protect property is nothing except the natural power of each man resigned into the hands of the community…and it is justified merely because it is a better way of protecting natural right than the self-help to which each man is naturally entitled.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by AcerbicZero on Tuesday October 08, 2019 @04:56PM (#21197178)
True, although the government does not supersede the natural right, it just extends the protection of that right beyond what the individual can do alone. Still, a good call out, thanks!
Re:Restoring felon voting rights a 'mess' in battleground Fl... by jcranmer on Tuesday October 08, 2019 @03:48PM (#21196395)
You may be deprived, under the 5th Amendment, of life, liberty, and property via due process of law. Since felons have been convicted of crimes under due process, their right to vote (liberty) can be deprived.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by geggam on Tuesday October 08, 2019 @04:01PM (#21196545)
Given the consent of the governed being a requirement for a govt to be legitimate. At what threshold of congress approval do we say the govt is not being given consent ?

https://en.wikipedia.org/wiki/Consent_of_the_governed

Re:Restoring felon voting rights a 'mess' in battleground Fl... by tptacek on Wednesday October 09, 2019 @02:09PM (#21206067)
Polled "congress approval" has no applicability, since we have direct popular election of both senators and House representatives (and, here, of state senators and representatives in Florida). The Constitution includes no direct provisions allowing disapproving citizens in California to disempower representatives in Maine (or, presumably, though I've never read the Florida Constitution, of residents of Tallahassee to disempower representatives of Miami).
Re:Restoring felon voting rights a 'mess' in battleground Fl... by geggam on Wednesday October 09, 2019 @07:04PM (#21209156)
Pretty sure the evidence is quite clear.

The first black president was elected promising change.

Now we have Trump who had no political background implying people want change

Choosing the least painful way to get screwed isn't consent.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by kevinmchugh on Wednesday October 09, 2019 @11:50PM (#21210718)
assume the US voting populace was two sets of clones, 50% Mitch McConnell Republicans and 50% Nancy Pelosi Democrats - but the distribution always varied within a standard deviation (eg year to year or district to district or state to state). Maybe there's even some generational biases, where one set of clones is more common for a decade.

I think you'd find that pretty often, more than half the country disapproved of congress, even though, in the long run, each clone is equally likely as a voter regardless of geography, economic interest, etc. How could you design a voting system that's responsive to these variations?

This challenge gets more complex the more political alignments you account for.

Few people in an opinion poll of Congress are assessing their love of bicameral legislature. More commonly they're stating that they wish they could just have their way, regardless of opposing voices.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by tptacek on Wednesday October 09, 2019 @07:15PM (#21209242)
Special pleading aside, elections are how we gauge consent. What would be coercive would be if we deputized firms like Gallup and made their polls binding.

But putting principles to the side: your argument doesn't even hold up empirically. Americans have a very low opinion of Congress, but generally approve of their own representatives.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by yellowapple on Tuesday October 08, 2019 @04:02PM (#21196549)
I strongly doubt the Founding Fathers intended that to mean "we should continue to deprive felons their rights to life, liberty, and property even after they have served their sentence".
Re:Restoring felon voting rights a 'mess' in battleground Fl... by tptacek on Wednesday October 09, 2019 @02:19PM (#21206191)
In this case it matters less what the founders intended and more what the framers of the 14th Amendment thought almost 100 years later. You can read in Richardson v Ramirez a bit of a history of felon disenfranchisement; a reasonable summary might be: "there was a lot of haggling over the specific language of the clauses of 14A, but disenfranchisement for crimes was a consistent point of agreement".

Of course, that doesn't mean that it's right to disenfranchise felons (it almost certainly isn't), nor does it mean any state is obligated to disenfranchise (most states don't). It does however mean that it's not straightforward to appeal to the Constitution in arguing to get rid of it.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by zeveb on Tuesday October 08, 2019 @05:22PM (#21197401)
At the time of the Founding, most (or all?) felonies were punishable by death; I suspect that they would have considered release from prison with disenfrachisement to be quite merciful.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by mjevans on Tuesday October 08, 2019 @05:13PM (#21197339)
I could see probation and/or a required (and taxpayer funded) civics education course as part of a conviction; but I agree. Either the civil restitution and rehabilitation (I can dream we'll be a first world nation someday) are completed by the sentencing or the sentencing is insufficient and should be fixed in the law.

Permanent dis-enfranchisement is a way of ensuring someone remains ostracized from society and is forever given reason to work against it.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by ceejayoz on Tuesday October 08, 2019 @04:30PM (#21196878)
They were fine with depriving women and black people the right. I wouldn't expect them to have been super progressive on felons, either.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by howard941 on Tuesday October 08, 2019 @03:49PM (#21196406)
It turns out that voting is not a fundamental right else limitations on voting would be subject to strict scrutiny. They're not, and it's not, and that's wrong but that's the funky state of the law. See for ex the discussions at https://uknowledge.uky.edu/law_facpub/10/ and http://law2.umkc.edu/faculty/projects/ftrials/conlaw/fundrig... but with the caveats that the first article is old enough to go to grammar school and the second is old enough to vote (?), and the passage of time has done little to raise the level of scrutiny courts apply to limitations on voting.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by s1artibartfast on Tuesday October 08, 2019 @03:50PM (#21196424)
Legally, rights can be taken away by the government. For example, prison inmates do not have the right to bear arms.

Here is a decent wikipedia article on it: https://en.wikipedia.org/wiki/Prisoner_Law

Re:Restoring felon voting rights a 'mess' in battleground Fl... by slowhand09 on Tuesday October 08, 2019 @04:09PM (#21196616)
And I have yet to hear of felons rights being restored that includes their rights to bear arms.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by kls on Tuesday October 08, 2019 @04:18PM (#21196714)
I live in FL my uncle killed two men for robbing him and sodomizing his wife in front of him, in his house. He later hunted them down and killed them fairly brutally. He was convicted of 2nd degree murder and served 12 years. His gun right where restored two years ago. He has been out for a while now and has proven that he is not a danger to society, just people who rape his wife. They do get restored if you can prove that you represent no increased danger to society by said right being restored.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by Spooky23 on Tuesday October 08, 2019 @06:08PM (#21197809)
That’s pretty insane. Hunting people down and killing them is the definition of danger to society.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by nybble41 on Tuesday October 08, 2019 @07:38PM (#21198465)
> Hunting people down and killing them is the definition of danger to society.

There is no danger to "society" here—only to violent criminals who are themselves a danger to innocent civilians. The insane part is that he was punished with 12 years in prison for doing society a favor.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by kls on Tuesday October 08, 2019 @09:48PM (#21199201)
To be honest the logical and rational side of me says 12 years was the appropriate sentence. The emotional side that has a connection to him and my aunt say those guys got what was coming to them. He got the 12 years for aggravating circumstances. It was pretty brutal, he severed the things that you would use for said rape, taped them into their mouth and chained them to heavy objects and threw them into the ocean alive. He is certainly no saint, but knowing him, he would not just go out and look to commit such an act. He is actually a pretty mellow and loving guy, but he is no bullshit when it comes to his wife or his son or daughter.

The thing is FL is a really weird state and people don't realize that we where one of the last continental US frontiers and really did not become much more than disconnected remote outposts until Flagler built the railroad down the east coat which was completed in 1912, Miami did not see a boom until the 1950's and much of the rest of the state you would not be able to tell from the 1800's until the 1970's. When you get outside of South Florida, Tampa and Orlando you end up in towns that are more like what people think when they think of some small town in nowhere Texas or Alaska, so there is a lot of if you don't cause a problem there wont be a problem type mentality (I mean belive it or not we still have parts of Florida where segregation is alive and well https://journaltimes.com/news/national/blacks-whites-live-wi...).

The judge was an old school Floridian and saw it for what it was, basically don't rape the guys wife and you won't get killed. I remember at the hearing he has a lawyer that lost his shit, because the judge asked him why he wanted a gun, and he told the judge well you honor, I figured out after the fact that if I had, had a gun at the time I would have saved myself 12 years of my life because it would have been self defense. I want a gun so the next time someone tries to rape my wife, I can deal with it then and there. Instead of stewing about until I retaliate in pure anger. He sited his fear of his wife being raped again as a need for self defense and said to the judge I think I have a valid concern for self defense there since I know it can happen and have experienced it first hand.

The judge asked him if he regretted or was remorseful for what had transpired, and again he was honest and told him no, that every day he looks at his kids he remembers how their mother was brutalized and he never wanted to be helpless in that situation again. That he realized his actions after the fact was that of a man torn up with rage and vengeance and that that rage and vengeance was still in him and that some days he wished they where still alive so that he could kill them again when he is having flashbacks and cannot get rid of them, but that he would have certainly acted in self defense back then had he been armed and in the future if the same event occurred he would defend himself and his family then and there and thus it would be a justifiable homicide. He said in his current circumstances with little children, he would not have taken the course of action that he did but that he would still feel the same way. That he was OK with having to pay his debt to society but it would be too high of a price to pay now having children.

The only person that was more surprised than me that his rights where restored, was probably his lawyer. I think the judge appreciated his honestly as he was being truthful, short of harming his family, he has no desire to kill.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by Spooky23 on Wednesday October 09, 2019 @09:35AM (#21203031)
I totally get the rationale, I'm just surprised it happened that way today. Where I live, someone with that kind of record would have a hard time getting cleared to be a janitor. I'm not sure if your story is horrifying or a breath of fresh air!

My uncle who I spent alot of time with was a big-city detective. He had more than one story about someone who did something similar (understandable anger/rage about a horrific event). Justice in the city is different -- premeditation and vigilante action outside of an immediate event is as serious as the original act, best case it gets a favorable plea deal, etc.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by kls on Wednesday October 09, 2019 @11:52PM (#21210726)
Agreed he got the sentence he owed to society, He never complained about it. Vigilantism always turns bad if a blind eye is turned towards it. But the reality is, he is no threat to society beyond the fact that he will protect his family and he displayed rational thought to the judge that if he had been older and wiser he would have defended himself and his wife then and there. Which is not vigilantism it is self defense. Do I think he is still capable of the same act, sure, but I think the event is highly unlikely to happen twice as they are both more mature and take security seriously, and well lets face it she is not in her early 20's anymore.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by kls on Tuesday October 08, 2019 @09:44PM (#21199182)
Judge felt there where mitigating factors in the fact that he witnessed his wife being raped, the judge felt that in the absence of another individual raping his wife he did not have a higher inclination to kill than the average citizen thus his gun rights should be restored. See my comment below, the judge felt that the mitigating circumstances, counterweighed the aggravating circumstances that got him a larger sentence and thus he had paid his debt and owed no more to society, thus his right should be restored.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by Gibbon1 on Tuesday October 08, 2019 @04:17PM (#21196706)
I saw a retrospective on California's death row inmates whose sentences were commuted when the death penalty was overturned. California's maximum penalty was 25 to life. Most of the two dozen death row inmates were eventually paroled.

One of them moved to Montana or some such and refused to be interviewed. But the local Sheriff agreed to say a few things. One of which was the guy owned a deer rifle but agreed with the Sheriff that it was best not to bring it into town.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by rauhl on Tuesday October 08, 2019 @05:35PM (#21197544)
I think that it’s possible in many states, but very difficult. That seems fair.

Personally, I think that it should be possible but difficult for felons to earn back the right to vote. Not as difficult as earning back the right to bear arms, but more than just completing their sentences. Still, it’s up to each state to set its own rules for these things.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by s1artibartfast on Wednesday October 09, 2019 @02:45AM (#21200701)
Why do you think regaining the right to vote should be more difficult, and for that matter, lost at all?

In my opinion, loss of the right to bear arms only makes sense for violent offenders.

Im not sure what the argument is for the loss of the right to vote is. Is it simply punitive? A deterrent?

Re:Restoring felon voting rights a 'mess' in battleground Fl... by rauhl on Wednesday October 09, 2019 @09:32AM (#21203006)
I think it’s punitive. Felonies are (or should be) truly serious crimes, the worst of the worst — if a crime doesn’t warrant permanently branding someone as outside the norms of civil society, then it shouldn’t be a felony. There should of course also be a process for truly repentant and changes felons to earn back their privileges, but it shouldn’t be easy.

I think that there’s a good argument that we have too many felonies which aren’t actually truly vile crimes. But I also don’t believe that Robert Hansen, John Gotti or the Unabomber should be voting.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by ceejayoz on Tuesday October 08, 2019 @03:40PM (#21196308)
Re:Restoring felon voting rights a 'mess' in battleground Fl... by the_narrator on Tuesday October 08, 2019 @04:26PM (#21196829)
Why is that surprising? If you kill somebody, you will obviously have some of your rights taken away.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by geggam on Tuesday October 08, 2019 @05:16PM (#21197360)
Depends on why you kill them.

Q: If the govt tells you to kill someone is it wrong ?

A : it depends :)

Re:Restoring felon voting rights a 'mess' in battleground Fl... by ng12 on Tuesday October 08, 2019 @03:46PM (#21196373)
The government can absolutely remove them. That's what prison is.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by rpmcmurdo on Tuesday October 08, 2019 @03:41PM (#21196313)
Because the government can. Ask the Jews in Nazi Germany how "rights" worked for them. Prior to Hitler coming to power, Germany was the most advanced and liberalized society of its time.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by SamReidHughes on Tuesday October 08, 2019 @03:44PM (#21196349)
Maybe the actual rights have clauses on them that go, "provided that you haven't stolen, defrauded, or assaulted anyone," and you're just reading the abridged version.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by ceejayoz on Tuesday October 08, 2019 @03:47PM (#21196386)
It's actually that the Constitution doesn't really define who can vote.

It forbids certain sorts of discrimination - gender, race, age (past a point), but leaves the rest up to the states.

California could, as far as I can tell, forbid voting by blondes, or by people who need glasses, or ban anyone who's had ice cream in the last month from the polls.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by dragonwriter on Tuesday October 08, 2019 @03:56PM (#21196494)
> California could, as far as I can tell, forbid voting by blondes, or by people who need glasses.

Not unless the Supreme Court decided to throw out, like, the whole of 14th Amendment Due Process and clause jurisprudence, where it comes to standards for impairing or discriminating in fundamental rights and voting’s status as such a right. (I wouldn't put it past this court, but even for them it would be an unusual break with settled Constitutional case law.)

And even then, Constitutionally, only blonde females and males under 21 if it doesn't want to lose seats in the House, since another part of the 14th Amendment (though this has historically not been enforced) makes denying males 21+ the vote for any reason other than conviction of crime mean reduction, in equal proportion, to House representation.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by ceejayoz on Tuesday October 08, 2019 @03:59PM (#21196525)
> And even then, Constitutionally, only blonde females and males under 21 if it doesn't want to lose seats in the House, since another part of the 14th Amendment (though this has historically not been enforced) makes denying males 21+ the vote for any reason other than conviction of crime mean reduction, in equal proportion, to House representation.

That just further highlights the bafflingly cobbled-together nature of the whole ruleset.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by dragonwriter on Tuesday October 08, 2019 @04:12PM (#21196642)
Women and 18-21 year olds got the right to vote after the 14th Amendment, and the way the Constitution gets amended (new articles that do not specifically update the provisions they modify) is prone to produce (at least, in the bare text; with litigation, some of this gets smoothed over in case law, though there's not a lot of litigation on the provision at issue to do that) incomplete updates and inconsistency.
Re:Restoring felon voting rights a 'mess' in battleground Fl... by DrScump on Wednesday October 09, 2019 @05:29AM (#21201488)

  Women and 18-21 year olds got the right to vote after the 14th Amendment
To clarify: After, but not as a result of. (See Amendments 19 and 26)
Re:Restoring felon voting rights a 'mess' in battleground Fl... by dragonwriter on Wednesday October 09, 2019 @08:22AM (#21202452)
Right, as a result of later amendments, hence why the penalty provisions of the 14th Amendment related to disenfranchisement don't take them into account.

(Sharp observers will note that race also wasn't explicitly a prohibited category until a later Amendment—the 15th—as the three civil war amendments, 13th-15th, were not ratified simultaneously despite being a related package, so blacks were considered in the disenfranchisement penalty clause before they had an individually-protected right to vote.)

Re:Restoring felon voting rights a 'mess' in battleground Fl... by leftyted on Tuesday October 08, 2019 @03:48PM (#21196390)
> Rights aren't something the govt gives so how can the govt remove them ?

Rights are something that a government gives. You only have rights insofar as they are respected by the government that controls the area in which you live. "Human rights" or "unalienable rights" are nice ideas but insubstantial.

That aside, I think felons should be able to vote.

Re:Restoring felon voting rights a 'mess' in battleground Fl... by colejohnson66 on Tuesday October 08, 2019 @07:25PM (#21198393)
> "Human rights" or "unalienable rights" are nice ideas but insubstantial.

The US was founded on the idea of unalienable rights

Re:Restoring felon voting rights a 'mess' in battleground Fl... by leftyted on Tuesday October 08, 2019 @11:46PM (#21199824)
Our rights have been alienated when the government felt like it. Which is true for all supposedly unalienable rights.

You have rights as long as you are are a recognized member of the political system that controls the territory where you live. But there are plenty of people "on the margins" who simply don't have rights and governments reserve the right to expel people from the political system at will.