Felons are not a suspect class. The law allows discrimination against anyone -- it's just harder to justify discrimination against a suspect class (race, ancestry, national origin) or quasi-suspect class (gender, non-martial children) or where fundamental rights (voting, travel, 1st Amendment, etc) are involved.
Felons can be discriminated against as a non-suspect class, as long as fundamental rights are not involved. And as noted above, much of what people consider discrimination is not based on their status as felons, it's considered part of the sentence (punishment) they receive for committing the felony in the first place.
So, how does this allow states to prevent felons from voting, which is a fundamental right? Because of an obscure line from Section 2 of the 14th Amendment, which makes an exception for voting for those who have committed serious crimes. As interpreted, this allows states to prevent felons from voting. So, voting is the one fundamental right that felons don't get special protection for.
Other than that, it's a matter of whether the state can justify the restriction based on what rights are being involved. For any other fundamental rights, the test is called Strict Scrutiny, and the state must prove that the rule is necessary to achieve a compelling government interest and uses the least restrictive means possible.
For any non-fundamental right (or voting for felons), the test is Rational Basis. Can the plaintiff (the person being infringed) prove that the government has no possible valid reason for enacting the law, and that the law is entirely arbitrary and nonsensical. Anything less that that and the law will survive.
That's just the way the system works.
2006-06-18 05:18:08
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answer #1
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answered by coragryph 7
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Good question! I think there should be levels of crime, and punishment. But keeping people from working is not a good thing. Yes, their are bad people but some will work and pay taxes. Should be a time limit on telling your maybe new boss if you had a felony, 1month to 5 years ago, I don't know. I think good people pay for some crime the rest of there life and it hurts the tax base. But we need to protect against the chronic criminal mind. We need a new way of dealing with the x-felon. We keep paying to support people who will work.
2006-06-18 13:36:00
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answer #2
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answered by Juvenile 3
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We all must live with the consequences of our actions. As such, we all have "free will". If we willingly engage in felonious actions, knowing that felons face discriminatory consequences, then we have willingly brought those consequences upon ourselves. Therefore, don't *****.
The true answer to your question is: because to discriminate against those with felonious convictions against them is yet another way to discourage excursions into felonious activities. If you can't do the time (consequence), don't do the crime.
2006-06-18 12:29:50
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answer #3
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answered by futurebtmfdr 2
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Generally because if you've committed a felony, you have gone past respecting other people's basic rights. Why should somebody who shows no care for the rights of others have such staunch rights of their own?
2006-06-18 12:19:55
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answer #4
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answered by Anonymous
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If you do the crime...you suffer the consequences. Rememebr, discrimination is treating a group UNFAIRLY, we are not treating felons unfairly, we are treating them like felons by taking away some of their rights. If we didn't then we would be treaing all non-felons, ie. the rest of humanity, unfairly.
2006-06-18 12:23:43
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answer #5
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answered by und1974 2
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A felon losses certain rights. It's not discrimination, it's the law.
2006-06-22 18:32:25
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answer #6
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answered by Anonymous
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because not enough of us have stood up for ourselves. keep fighting the system! the spineless ones who will probably answer "its a consequence" are the ones who will have nobody to speak up for them when they get railroaded. the right to own a firearm is protected by the consitution, yet some people dont mind "little exceptions". when their children get sexually abused, and the criminal goes free, then they want us ALL to stand up for them. well sorry i cant vote or own a gun, wish i couldve helped.
2006-06-18 12:24:12
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answer #7
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answered by mrsingu 3
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When you do the crime you have to pay however society deems appropriate. In this case the "government" speaks for the people.
2006-06-18 15:17:57
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answer #8
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answered by daljack -a girl 7
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That is not discrimination. That is a consequence. There is a difference.
2006-06-18 12:17:28
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answer #9
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answered by DAR 7
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a felony crime is a crime of moral turptitude it speaks of your character
2006-06-19 12:31:18
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answer #10
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answered by winteraires 2
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