The Politics Of Disenfranchisement

State felony disenfranchisement laws that date back to Reconstruction fracture the American electorate into “those who are citizens in the fullest sense of the term,” in Aristotle’s words, and those who, deprived of political voice, still have the status of slaves. The existence of this "invisible constituency"—approximately 5.8 million or 2.5% of the national voting population—who live alongside the “ruling” enfranchised electorate—is one of the scandals of our generation. In this second edition of Felony Disenfranchisement in America, Katherine Irene Pettus draws on philosophy, history, law, and punishment theory to make the compelling argument that state disenfranchisement policies have collective moral and political significance that transcends the personal tragedy of being legally deprived of full citizenship status. Pettus argues that the war on drugs, mass incarceration, and racially unbalanced disenfranchisement rates distort and disfigure the body politic as a whole, and undermine the legitimacy of the domestic and foreign policies promulgated by our elected representatives.

The book analyzes a contemporary policy question at the nexus of democracy, criminal justice, and constitutional citizenship.

We think of our American democracy as being a model for the world--and it has been. But today it compares unfavorably in some respects, especially when it comes to the universal franchise. The right to vote is more conditional and less exercised in the United States than in many other mature democracies. As became clear to all in the presidential election of 2000, when the stakes are high, efforts to define voter eligibility and manage the voting and vote-counting process to the advantage of one's own side are part of hard-ball politics. It is that experience that gave rise to this book. Written by an author with wide expertise on Southern and Florida politics and districting, the book begins with a deceptively simple question--why is it so hard to vote in America? It proceeds, in seven chapters, to examine the ways that some people are formally or effectively disenfranchised, and to review how control of the ballot and the voting process is constrained, manipulated, and contested

Disenfranchising Democracy examines the exclusions that accompany democratization and provides a theory of the expansion and restriction of voting rights.

The denial of voting rights to certain types of persons continues to be a moral problem of practical significance. The disenfranchisement of persons with mental impairments, minors, noncitizen residents, nonresident citizens, and criminal offenders is a matter of controversy in many countries. How should we think morally about electoral exclusions? What should we conclude about these particular cases? This book proposes a set of principles, called the Critical Suffrage Doctrine, that defies conventional beliefs on the legitimate denial of the franchise. According to the Critical Suffrage Doctrine, in some realistic circumstances it is morally acceptable to adopt an alternative to universal suffrage that would exclude the vast majority of sane adults for being largely uninformed. Thus, contrary to what most people believe, current controversies on the franchise are not about exploring the limits of a basic moral right. Regarding such controversies, the Critical Suffrage Doctrine establishes that, in polities with universal suffrage, the blanket disenfranchisement of minors and the mentally impaired cannot be justified; that noncitizen residents should be allowed to vote; that excluding nonresident citizens is permissible; and that criminal offenders should not be disenfranchised-although facilitating voting from prison is not required in all contexts. Political theorists have rarely submitted the franchise to serious scrutiny. Hence this study makes a contribution to a largely neglected and important subject.

The denial of voting rights to certain types of persons continues to be a moral problem of practical significance. The disenfranchisement of persons with mental impairments, minors, noncitizen residents, nonresident citizens, and criminal offenders is a matter of controversy in many countries. How should we think morally about electoral exclusions? What should we conclude about these particular cases? This book proposes a set of principles, called the Critical Suffrage Doctrine, that defies conventional beliefs on the legitimate denial of the franchise. According to the Critical Suffrage Doctrine, in some realistic circumstances it is morally acceptable to adopt an alternative to universal suffrage that would exclude the vast majority of sane adults for being largely uninformed. Thus, contrary to what most people believe, current controversies on the franchise are not about exploring the limits of a basic moral right. Regarding such controversies, the Critical Suffrage Doctrine establishes that, in polities with universal suffrage, the blanket disenfranchisement of minors and the mentally impaired cannot be justified; that noncitizen residents should be allowed to vote; that excluding nonresident citizens is permissible; and that criminal offenders should not be disenfranchised-although facilitating voting from prison is not required in all contexts. Political theorists have rarely submitted the franchise to serious scrutiny. Hence this study makes a contribution to a largely neglected and important subject.

An answer to the assault on voting rights—crucial reading in light of the 2020 presidential election The Voting Rights Act of 1965 is considered one of the most effective pieces of legislation the United States has ever passed. It enfranchised hundreds of thousands of voters, particularly in the American South, and drew attention to the problem of voter suppression. Yet in recent years there has been a continuous assault on access to the ballot box in the form of stricter voter ID requirements, meritless claims of rigged elections, and baseless accusations of voter fraud. In the past these efforts were aimed at eliminating African American voters from the rolls, and today, new laws seek to eliminate voters of color, the poor, and the elderly, groups that historically vote for the Democratic Party. Uncounted examines the phenomenon of disenfranchisement through the lens of history, race, law, and the democratic process. Gilda R. Daniels, who served as Deputy Chief in the United States Department of Justice Civil Rights Division and has more than two decades of voting rights experience, argues that voter suppression works in cycles, constantly adapting and finding new ways to hinder access for an exponentially growing minority population. She warns that a premeditated strategy of restrictive laws and deceptive practices has taken root and is eroding the very basis of American democracy—the right to vote!

5.4 million Americans--1 in every 40 voting age adults-- are denied the right to participate in democratic elections because of a past or current felony conviction. In several American states, 1 in 4 black men cannot vote due to a felony conviction. In a country that prides itself on universal suffrage, how did the United States come to deny a voice to such a large percentage of its citizenry? What are the consequences of large-scale disenfranchisement--both for election outcomes, and for public policy more generally? Locked Out exposes one of the most important, yet little known, threats to the health of American democracy today. It reveals the centrality of racial factors in the origins of these laws, and their impact on politics today. Marshalling the first real empirical evidence on the issue to make a case for reform, the authors' path-breaking analysis will inform all future policy and political debates on the laws governing the political rights of criminals.