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RAND PAUL: TO THE LEFT OF ERIC HOLDER ON FELON ENFRANCHISEMENT
Powerline ^ | June 26, 2014 | Paul Mirengoff

Posted on 06/26/2014 11:39:25 AM PDT by jazusamo

I wrote here about Rand Paul’s unconstitutional plan to propose federal legislation that would enfranchise some felons. Now, Sen. Paul has addressedthe constitutional issue posed by such legislation.

He argues, in essence, that states decide who votes in state elections, but the federal government has the final say on who can vote in federal elections. Roger Clegg makes short work of Paul’s contention:

The U.S. Constitution itself explicitly gives the authority to decide who votes in federal elections to the states (consistent, of course, with other constitutional guarantees, like the prohibition of poll taxes). And the recent Supreme Court decision that he cites to the contrary — last year’s decision invalidating part of an Arizona voting law – … rebuts Senator Paul’s position. See, in particular, the first two paragraphs of part III of Justice Scalia’s opinion.

Clegg goes on to point out that Paul’s position on the constitutionality of federal legislation to decide who votes in federal elections is so off-base that even Attorney General Holder, who is desperate to swell the voter lists with felons, does not embrace it. When he called for felon enfranchisement, Holder limited his plea to the states and did not call for federal legislation.

Thus, Clegg’s concluding question is a fair one: “does Senator Paul take the Constitution less seriously than Eric Holder?”


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: bhodoj; felons; felonvoting; paul; randpaul; votingrights

1 posted on 06/26/2014 11:39:25 AM PDT by jazusamo
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To: jazusamo

Please step aside, Rand. Your 15 minutes of fraud are up.


2 posted on 06/26/2014 11:41:39 AM PDT by boycott
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To: jazusamo

There should be a way for felons to get their franchise restored, but it should not be quick or easy.


3 posted on 06/26/2014 11:41:56 AM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: jazusamo

No more Bushs, no more Clintons, no more Pauls.


4 posted on 06/26/2014 11:44:46 AM PDT by lormand (Inside every liberal is a dung slinging monkey)
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To: boycott

You’d think Paul would have given a little thought to some of the statements he’s been making lately but then maybe he has and is after more votes. No thanks.


5 posted on 06/26/2014 11:46:33 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo

That Paul boy ain’t right....


6 posted on 06/26/2014 11:48:06 AM PDT by clintonh8r (Can Juan Williams possibly be that stupid?)
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To: jazusamo
Rand is a looney as his old man !

7 posted on 06/26/2014 11:49:11 AM PDT by Uri’el-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your teaching is my delight.)
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To: jazusamo

And I thought his dad was the nutty one...


8 posted on 06/26/2014 11:55:14 AM PDT by DisorderOnBorder (Hollywood...Washington DC for pretty people)
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To: jazusamo

Why is it that we have to get. A daily dose of this guy here on a conservative forum?


9 posted on 06/26/2014 11:57:12 AM PDT by reefdiver (Be the Best you can be Whatever you Dream to be)
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To: Little Ray
In some states ... do your time, pay any debt ... you're cool

There's only one that stays screwed up... the forbiddance to own a gun.

10 posted on 06/26/2014 11:57:58 AM PDT by knarf (brooklyn bridge)
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To: jazusamo

Marion Barry won his post-prison term as mayor because his campaign figures out that the second largest DC demographic voting group were voters with family and friends in prison. He tailored his campaign almost exclusively at them.


11 posted on 06/26/2014 11:58:18 AM PDT by tanknetter
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To: Little Ray

“There should be a way for felons to get their franchise restored, but it should not be quick or easy.”

No there shouldn’t. The whole NICS travesty is justified by the idea the felons can never ever have access to a firearm ever again. If they can’t be trusted with a gun why should they be trusted to care enough about the society that they knowingly betrayed to be trusted with the power of a vote?

Felon enfranchisement is a vastly unfair and dengerous idea that only serves the purposes of the DNC, as most felons are Democrats. No on should ever support or propose such a thing.


12 posted on 06/26/2014 12:00:18 PM PDT by thorvaldr
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To: UriĀ’el-2012

Pretty much. He’s been going well-off the rails lately, especially.


13 posted on 06/26/2014 12:02:33 PM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: reefdiver

I believe it’s a good thing to show a self described conservative to be a fraud when they are.


14 posted on 06/26/2014 12:07:03 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: jazusamo
And the recent Supreme Court decision that he cites to the contrary — last year’s decision invalidating part of an Arizona voting law – … rebuts Senator Paul’s position.

No, it does not. That decision says:

When Congress legislates with respect to the “Times, Places and Manner” of holding congressional elections, it necessarily displaces some element of a preexisting legal regime erected by the States. Because the power the Elections Clause confers is none other than the power to preempt (the states), the reasonable assumption is that the statutory text (of the National Voter Registration Act) accurately communicates the scope of Congress’s preemptive intent.

...

The power of Congress over the “Times, Places and Manner” of congressional elections “is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith.” 

(Parenthetical additions are mine.)

Rand is legally correct on this one. If Congress chooses to write legislation that affects the manner in which states hold federal elections, it supersedes state laws.
15 posted on 06/26/2014 12:10:22 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: jazusamo

The Paul Rand nut doesn’t fall far from the tree ... LOL ...


16 posted on 06/26/2014 12:11:21 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: thorvaldr; knarf

I used to be no guns for ex-cons, never.
But I thought about it.

If an ex-con is going to backslide, all the laws in the world won’t keep him from getting a gun. This is a basis for our overall opposition to gun-control: Criminals don’t obey gun-control laws. Also, the Feds are working very hard at making felons of us all!

And if an ex-con is going straight, he may need the means of self defense even more than we do.

I am less sanguine about returning the their vote franchise.


17 posted on 06/26/2014 12:11:57 PM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: F15Eagle
He's pretty much shot himself in both feet this year.

Might help out if the '16 GOP field gets clogged up next year.

18 posted on 06/26/2014 12:12:58 PM PDT by skimbell
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To: jazusamo

Why did I not read what Rand is proposing? Doh! He’s wrong about Congress being able legislate who can vote.

So ignore my previous post.


19 posted on 06/26/2014 12:16:08 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

Thanks...I have one question.

Paul’s bill supposedly would enfranchise nonviolent felons not only convicted in federal courts but also state courts, can his proposed bill cover state felons as well as federal felons?


20 posted on 06/26/2014 12:21:51 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: BuckeyeTexan

Thanks again, I should have read on down before I posted my above question.


21 posted on 06/26/2014 12:23:56 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: DisorderOnBorder

It does seem genetic.


22 posted on 06/26/2014 12:24:29 PM PDT by onedoug
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To: jazusamo
His bill cannot enfranchise anyone, period.

Arizona is correct that the Elections Clause empowers Congress to regulate how federal elections are held, but not who may vote in them. The Constitution prescribes a straightforward rule for the composition of the federal electorate.

(Emphasis in the original.)


23 posted on 06/26/2014 12:29:47 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: jazusamo

No need for any new proposal of legislation. The corrupt democratic party would be issuing voter’s rights to criminals that do not quality for restoration of their voting rights (some citizens do deserve such). Rand Paul should flip party.


24 posted on 06/26/2014 12:41:37 PM PDT by Christie at the beach
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To: Little Ray

Prison releasees that don’t have gun rights can secure a gun to commit a crime, but it sure interferes with them readopting the life of owning guns and keeping them around, displaying them and using them as part of their “muscle”.

I have known a lot of ex-cons that do not want to be caught with a gun in their house or car, or on their person, and considering how physical and threatening felons and ex-con types generally like to be, both before and after doing time, it makes for weakened status for them when they return to their blue collar type world, it has a sobering effect on them in their social interactions.


25 posted on 06/26/2014 1:21:19 PM PDT by ansel12 (( Rand Paul---What a tragedy if America wouldn't have gotten to see Barack Obama as a leader.)
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To: knarf
In some states ... do your time, pay any debt ... you're cool

As it should be. As long as they are in jail, their rights are, and should be restricted.

There's only one that stays screwed up... the forbiddance to own a gun.

Amazing isn't it. Kinda shows the real purpose of the policy. Any free citizen should have all his rights restored.

26 posted on 06/26/2014 1:27:24 PM PDT by zeugma (It is time for us to start playing cowboys and muslims for real now.)
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To: jazusamo
“does Senator Paul take the Constitution less seriously than Eric Holder?”

Hard to say, but he apparently takes it about as seriously as Barack Obama.

27 posted on 06/26/2014 2:01:40 PM PDT by hinckley buzzard
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To: ansel12; zeugma; Little Ray
If you watch old Dragnet, you'll come across the occasional ex-con that has gone straight but has a gun ... Webb wants to see it, question if it's locked up, etc. ... gives it back

AIUI ... once you did your time, you got all your rights back ... parole didn't count ... y'had to wrap it up.


Then came a bunch o'scared white guys that passed the GCA of 68 and a felon (just about any criminal) lost his 2nd ammendment.

28 posted on 06/26/2014 2:16:08 PM PDT by knarf (brooklyn bridge)
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To: hinckley buzzard

I would agree.


29 posted on 06/26/2014 2:28:57 PM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: knarf

And was crime lower or higher before the GCA68?

Let a felon have his arms back.


30 posted on 06/26/2014 4:54:16 PM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: knarf

It does discriminate against the blacks and Hispanics.


31 posted on 06/26/2014 7:52:49 PM PDT by ansel12 (( Rand Paul---What a tragedy if America wouldn't have gotten to see Barack Obama as a leader.)
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To: jazusamo

You have to give Chaim Ben Pesach credit. When everyone here (including me) was in love with Rand Paul for his anti-drone filibuster, Chaim was telling everyone that Rand was a left winger.


32 posted on 06/26/2014 7:59:34 PM PDT by Zionist Conspirator (Throne and Altar! [In Jerusalem!!!])
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