Taxation Without Representation

For many ex-felons completing their sentencing and/or parole or probation still does not allow them the opportunity to rejoin their fellow citizens in the voting booth. In what many consider the last vestiges of Jim Crow, there are still some states that do not allow these people to vote. It is an effort to continue to disenfranchise the rights of some Americans to vote.

These men and women have served the terms of their sentences and completed the requirements of release, yet they are still denied the right to vote. How can this be? The proponents of these laws base them on the 14^th Amendment to the Constitution.

“The legal authority of a state to revoke an inmate's voting rights is based upon the Fourteenth Amendment. While this amendment stipulates that, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States", it allows for the denying of the voting rights of individuals guilty of "participation in rebellion, or other crime". Under current law, the federal government may not infringe upon a state's authority to grant or rescind voting rights to prison inmates and former felons.”[1]

So, it is up to the states to determine what voting rights a citizen may get to exercise. Having the states determine the voting rights of our citizens is a dubious proposition at best. If we had left it up to the states to repel the various voting laws on the books to disenfranchise the poor and minorities of this country they would still not be voting in some states. There are those who would use these questionable laws to suppress the votes of those they deem unworthy and to maintain the status quo.

It seems clear to me that the goal of the “founding fathers” was to prevent those that had participated in the armed overthrow of the government from voting, not the guy or gal who may have been convicted or plead guilty to a simple drug possession charge. These people are not a direct threat to this government any more than the guy who shoplifts. Because of how our courts have systematically been bias against minorities, in that minorities are more likely to have their charges upgraded to a felony, it would be logical to assume that these laws would affect minorities more negatively than others.

“The San Jose Mercury News conducted a massive study of 700,000 California legal cases over a 10-year period. The paper reported in December 1991 that a third of the white adults who were arrested, but had no prior record, were able to get felony charges against them reduced. Only a quarter of the African-Americans and Latinos with no priors were as successful in plea bargaining.”[2]

With evidence suggesting that race is indeed a factor in whether felony charges are pursued or not, it would also seem logical to conclude that preventing ex-felons from voting could be used by some states or legislatures to suppress the votes of minorities. Voting has not always been a right for minorities in this country and it took the shedding of blood to acquire it. And I say, it would be a travesty to the memory of those who laid down their lives for this right to have it eliminated through some back door loophole. Because of these laws, 13% of African-American males are being disenfranchised; to continue this is unconscionable. Despite what the Supreme Court said in Bush v. Gore: "The individual citizen has no federal constitutional right to vote for electors for the President of the United States." The truth of the matter is that voting defines democracy and citizenship. This was one of the main linchpins for the American Revolution; taxation without representation. To now over 200 years later to justify this treatment because someone has broken the law is according to the founders of this land; tyranny.

If we are not going to allow them to vote, then it only stands to reason that they should not be taxed without a voice. Many in the Congress are afraid to touch this issue because of the far right attacks of “soft on crime”, but this is not a criminal issue. This is a fairness issue; it is a moral issue. Do we believe in rehabilitation and paying ones debt to society or not. Do we believe in inclusion of those who have made mistakes and second chances? You should not lose your citizenship for making a mistake, if that were the case would any of us be allowed to vote?

It is time for us to make voting a constitutional right for all of our citizens. Many people already believe that it is. Let’s not allow politics and rhetoric to take the voice of our people, any of them and silence it. At the current rate of incarceration figures continue to rise, many in the minority community will be marginalized and remember, “No justice, no peace.” Our democracy is too valuable and has come too far to let the racist attitudes of the past once again derail the rights of those who are different. Let he who is without sin, cast the first stone…

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[1] http://www.speakout.com/activism/issue_briefs/1289b-1.html

[2] http://www.crf-usa.org/brown50th/color_of_justice.htm

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Disenfranchising The Vote

It is a shame that 42 years after the landmark Voting Rights act, we still have those who want to prevent minorities, the poor, and mostly first time voters from having their voices heard. After years of complaining of wide spread voter fraud on the part of Democrats and aggressive prosecutions of individuals, the truth is that this is a red herring. A smoke screen used by some Republicans to marginalize these voters and institute various forms of poll taxes and other types of voter impediments.

The truth be told there are no wide spread conspiracies to corrupt our electoral process. Were it not for the vigorous prosecutions of individuals (the majority of whom were black, poor, and democratic) there would have been no prosecutions at all. Until now, no individuals who accidentally violated voter laws have ever been prosecuted. Think about it, we are spending millions of dollars to prosecute poor individuals casting one vote due to either misunderstanding or misinformation provided to them by those who are supposed to understand the laws. By prosecuting individuals in this manner we are sending a message to those communities that if you vote; you could be sent to jail, deported, or tied up in legal action. This is significant because it strikes fear into communities that normally are afraid to exercise their voting rights anyway. By making examples of those brave enough and concerned enough to exercise their right you are in effect saying voters beware and in turn suppressing that community’s voice. Can you imagine what those first time voters must be thinking after being arrested for voting? Make no mistake, news like that travels fast in those communities sending a chill through any would be voters in the future. Further reinforcing the mindset, “This is why I don’t vote” throughout the whole community.

Instead of setting up barriers to participating in our democracy, we should be working on ways to include more of our citizens in this process. With less than 50% of all registered voters even showing up to vote, it is incumbent to a healthy democracy to get as many people voting as possible. Why for instance was it important to get as many Iraqi’s to vote as possible and not important to get as many Americans to vote? The reason it is important to get a high voter turnout is because it allows everyone to feel that they have a say in what goes on in the democracy and prevents a select few from deciding for the many. It also removes the opportunity of fringe elements to recruit from the disenfranchised. We, as Americans must resist any attempt to limit our voting rights. It may be this group today and you tomorrow. A wise man once said, “Injustice anywhere is a threat to justice everywhere.” Let’s not allow anyone to roll back the hard won gains of the past with misinformation, division, and scare tactics. Let’s say no to those who want to limit participation in our democracy and reach out to extend that democracy to all those who are willing to join us.

It amazes me that the same administration that praised the participation of foreigners in democracy around the globe is working so hard to limit that participation at home. Are we not good enough to enjoy the fruits of democracy? Shame on those who want to limit the access to our democracy based on fear, division, and race.

http://www.nytimes.com/2007/04/12/washington/12fraud.html?pagewanted=1&hp

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