About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

26 T. Jefferson L. Rev. 157 (2003-2004)
Four New Arguments against the Constitutionality of Felony Disenfranchisement

handle is hein.journals/tjeflr26 and id is 165 raw text is: LEAD ARTICLES FOUR NEW ARGUMENTS AGAINST THE CONSTITUTIONALITY OF FELONY DISENFRANCHISEMENT John R. Cosgrove* I. INTRODUCTION ................................ 158 II. BACKGROUND .................................. 161 A. Ex-felon Disenfranchisement in the United States ........................... .............. 161 B. Constitutional Provisions Regarding the Right to V ote ........................................ 165 C. Protection of Voting Rights under the Equal Protection Clause in Accordance with Modern Notions of Equality ............................ 167 D. A Step Backwards in Richardson v. Ramirez .. 168 E. But for the Other Crime Exception, It is Likely that Ex-felon Disenfranchisement Would be Invalid Under the Modern Doctrine of Equal Voting Rights ........................ 170 III. SUM M A RY ....................................... 173 IV . A NA LYSIS ........................................ 175 A. Is the Other Crime Exception Limited to Offenses which were Felonies at Common Law * Trial lawyer and former city attorney with extensive experience in all fields of civil litigation. Mr. Cosgrove is presently writing a book entitled Leave No Vote Behind: Demystification of the Florida 2000 Election. Disenfranchisement has been a major concern of his since he graduated in the first position of his Stanford Law School Class of 1959. He filed an amicus brief in Oregon v. Mitchell in 1970 support- ing reduction of the voting age to 18, an original action in the California Supreme Court decided in 1971, Jolicoeur v. Mihaly, which established the right of 18-20 year olds to vote where they resided, not where their parents resided, and an amicus brief in Johnson v. Governor of the State of Florida in 2002 supporting the voting rights of ex-felons. He would not have been able to write this article without the assistance of the Honorable Norbert Ehrenfreund, Professor Derek Bok, Karen Lutke, Hugh Evans, Thomas Lockie, Lorelei Westin, Laura Blair, Russell Cosgrove, Jeanette Cosgrove, and Judith Cosgrove and the encouragement of Professor Jack Friedenthal, the Hon- orable Byron Sher, the Honorable Daryl Jones, Denise Johnson, MD, Professor Marjorie Cohn, Margaret Phelan, Charles Sullivan, David Bridgman, Howard Lewis, Dawn Davis, Dorothy Gaines, Ronald L. Humphrey, Aaron D. McCall and Robert D. Schmidt.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most