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AP Photo/Shawn Rocco
The ultra-liberal 9th U.S. Circuit Court of Appeals made one of its trademark assaults on the Constitution Tuesday, illegally overturning a Washington State law barring convicted felons from voting. I use the word "illegally" because judicial review (the invented power of federal courts to overturn democratically-enacted laws) is listed nowhere in the Constitution as an enumerated power.
Furthermore, as the proposal of the 1875 Blaine Amendment demonstrates, the federal government was never intended to have the power to overturn state legislation. James Madison--the architect of the Constitution himself--even tried to give the federal government such a power during drafting process, but it was overwhelmingly rejected.
The 9th Circuit's brazen disregard for the Constitution can also be highlighted by noting Article I, Section IV, which leaves total control over "The Times, Places and Manner of holding Elections for Senators and Representatives" in the hands of the states.
The court tried to justify it's outrageous power grab by pointing out that blacks and other minorities are disproportionately affected by such bans and claimed that this somehow violates the 14th Amendment.
First of all, minorities commit more crimes. So it is no one's fault but their own that they are disproportionately affected. Properly enforcing the law in no way constitutes discrimination. Secondly, Section 2 of the 14th Amendment specifically protects the right of the states to deny citizens voting rights who have been convicted of "participation in rebellion, or other crime."
Additionally, as liberals regularly and openly admit, this is about nothing more than Democrat power (criminals vote Democrat).
Comments
The poll-writer is confused. Washington only prevents INCARCERATED felons from voting and that's what this is about.
Felons who have satifactorily completed their ENTIRE sentence ... including PROBATION ... should have their full rights restored. If they repeat their criminal behavior afterwards, they lose ALL rights!
(the last part is my preference)
We are a Nation whos "Leaders" have thier own agenda..2010 is thier end..We got rid of Dodd..Anything is possable.
It is in Obama's best interest to have convicted felons listed as eligible to vote. He attracts that "rabble" naturally.
Also of Note: Most black criminals are converting to Islam in prisons. This is also in Obama's best interest.
NO WAY..........NO WAY.......... you break our laws you loose your right to vote. That is EXACTLY why illegals immigrants should NOT be given citizenship, they've broken our laws. This administration seems to reward bad behavior and punish success. The destruction of our laws and our society seems to be their goal.
If you want to vote, stay out of prison. It's pretty simple. The power abusing activist judges of the 9th U.S. Circuit Court of Appeals should be removed and replaced with judges who will follow the letter of the law, not try to write law.
Only because it makes too much sense NOT to let prisoners vote, only means this administration will go against the polls/majority, and cram this down our throats...I'm sure R. Emanuel is working on it even as I type....
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