Talk:Fourteenth Amendment to the United States Constitution

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Section 2 and disenfranchisement[edit]

The text formerly stated that section 2 to 4 seldom or never were bases for litigation. I've just done a little work with the felony disenfranchisement situation in the US; and it seems to me as if the exceptions in section 2 are considered as providing the main constitutional ground for this. (I refer to ..., except for participation in rebellion, or other crime,...; so does the Supreme Court opinion in Hunter v. Underwood, and they do it as if indeed this is the constitutional ground for the exceptions.) There has been a few Supreme Court decisions through the years about disenfranchisement; and I suppose that section 2 is involved in more of them.

This has some importance, since at least in Hunter v. Underwood, the cause for disenfranchisement in the test cases was misdemeanour, not felony; and the state authorities referred to their right to disenfranchise people convicted for "crimes", and claimed state authority over which crimes to consider.

I therefore modified the text a little, mentioning disenfranchisement. JoergenB (talk) 22:22, 8 August 2014 (UTC)

I now also have glanced at Richardson v. Ramirez. The plaintiffs invoke the first section, but the Supreme Court majority opinion claims that the exceptions in the second section are equally valid - for felony. JoergenB (talk) 22:47, 8 August 2014 (UTC)