Year: 2024
Type: article
Abstract: We trace the origin of felony disenfranchisement from the colonial period through Reconstruction. On the eve of the Civil War, three-quarters of states had criminal disenfranchisement statutes. These laws were based on “legal moralism” principles, which limited the franchise to those in good standing with the community. Efforts at disenfranchisement grew as access to the ballot increased and criminal justice reforms replaced capital and corporal punishment for imprisonment. We highlight important transformations in felony disenfranchisement during Reconstruction, specifically in new state constitutions and the Thirteenth and Fourteenth Amendments. All but one Southern state included felon disenfranchisement in their new constitutions that the Republican-controlled Congress ratified for readmission to the United States. Radical Republicans in Congress and state legislatures were in most cases advocates of felony disenfranchisement to exclude former Confederates from political participation.
Institutions: Claremont Graduate University, Towson University, Pomona College
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,450
OpenAlex ID: W4396223042