http://www.nationalreview.com/node/434491/print How to Steal a State: Governor McAuliffe Expands the Criminal Vote for Democrats
By Hans A. von Spakovsky & Roger Clegg — April 25, 2016
In what is likely an unconstitutional state action seemingly calculated to ensure that the purple state of Virginia goes blue in the November election, Governor Terry McAuliffe (D.) signed an order on Friday restoring the voting rights of 206,000 ex-felons in Virginia, including those convicted of murder, armed robbery, rape, sexual assault, and other violent crimes. The order also restores their right to sit on a jury, become a notary, and even serve in elected office.
McAuliffe believes that ex-felons can be trusted to make decisions in the ballot booth and the jury box but apparently not to own a gun. He draws the line at restoring their Second Amendment rights; that would be a bridge too far. His order specifically does not restore their “right to ship, transport, possess, or receive firearms.” And while his order requires that felons complete probation and parole before enjoying restoration of their rights, it applies regardless of whether they have paid any court fines or restitution to victims.
What McAuliffe entirely dismisses is the principle that if you won’t follow the law yourself, you can’t demand a role in making the law for everyone else, which is what you do when you vote. Restoring a felon’s right to vote should be done not automatically, as soon as he has completed his sentence, but carefully, on a case-by-case basis, after he has shown that he has really turned over a new leaf. The unfortunate truth is that many people who walk out of prison will be walking back in; recidivism rates are high. We have both testified before Congress and written about this problem. Governor McAuliffe may be happy as long as the ex-felons who can now vote just don’t walk back into prison before November.
Having a waiting period, examining each ex-felon’s application for restoration of rights carefully and individually, and differentiating between violent and nonviolent crimes is exactly the system that Virginia had — at least until Friday’s order. In a three-page summary released by the governor’s office, McAuliffe asserts that any claim that he doesn’t have the authority to grant a blanket restoration of rights is “far-outside the weight of constitutional authority across the nation and would read into the text of the Virginia Constitution words that simply are not there.” This is just legal gibberish — the weight of constitutional authority “across the nation” has no bearing on interpreting the Virginia constitution. McAuliffe is reading into that constitution authority he does not have.
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