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Introduction

Published online by Cambridge University Press:  03 July 2009

Alec C. Ewald
Affiliation:
University of Vermont
Brandon Rottinghaus
Affiliation:
University of Houston
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Summary

Addressing graduates of Southern Cross University in New South Wales, Australia, in September 2007, Justice Michael Kirby of the High Court of Australia spoke of law, justice, and Australian citizenship. He also chose to talk about one recent case: Roach v. Electoral Commissioner. Earlier that same week, he told the gathering, his Court had taken “the always serious and solemn step of invalidating an Act of the Federal Parliament.” The 2006 statute in question, Justice Kirby explained, had denied all serving prisoners the right to vote, extending the previous law barring from participation only those serving sentences longer than three years. As Justice Kirby said that day, in Roach, the Australian Court noted that Canada's Supreme Court had struck down a ban on prisoner voting in 2002, followed by a similar decision in the European Court of Human Rights (ECHR) in 2004. By contrast, the U.S. Supreme Court had let stand state laws that kept millions from the polls “for life.” Kirby quoted Canada's court: In setting the rules for who may and may not vote, “a community takes a crucial step in defining its identity.” In addition, he sharply criticized American law, saying that “[u]nlike the United States,” Australia “would never tolerate excluding millions (or thousands) of citizens from the vote because of past convictions.” Finally, Justice Kirby noted that Vicky Roach was an Aboriginal and had based part of her challenge to the disenfranchisement statute on its impact on indigenous citizens (Kirby 2007: 5, 6, 9).

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Publisher: Cambridge University Press
Print publication year: 2009

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References

Abramsky, Sasha. 2002. “A Growing Gap in American Democracy.” The New York Times, July 27, p. A11.Google Scholar
Bazelon, Emily. 2007. “The Secret Weapon of 2008.” Slate, April 27.Google Scholar
Belluck, Pam. 2004. “When the Voting Bloc Lives in a Cellblock.” The New York Times, November 1.Google Scholar
Bialik, Carl. 2007. “Figuring the Impact of Allowing Felons in Florida to Vote.” Wall Street Journal, May 4.Google Scholar
Bickel, Alexander. 1962. The Least Dangerous Branch: The Supreme Court at the Bar of Politics. Indianapolis: Bobbs-Merrill.Google Scholar
Buchler, Justin. 2006. “Electoral Fraud and Attempts to Prevent It in the United States.” Election Law Journal 5:204.CrossRefGoogle Scholar
Carter, Terry. 2002. “Cell Block to Voting Bloc?American Bar Association Journal, October, p. 16.Google Scholar
Chandler, Kim. 2003. “Felon Voting Bill Ensnares Riley.” Birmingham News, June 22.Google Scholar
Chin, Gabriel J. and Holmes, Richard W., Jr, . 2002. “Effective Assistance of Counsel and the Consequences of Guilty Pleas.” Cornell Law Review 87:697.Google Scholar
Choudhry, Sujit, ed. 2006. The Migration of Constitutional Ideas. New York: Cambridge University Press.Google Scholar
Clegg, Roger. 2001. “Who Should Vote?Texas Review of Law & Politics 6:160.Google Scholar
Damaska, Mirjan. 1968a. “Adverse Legal Consequences of Conviction and Their Removal: A Comparative Study.” Journal of Criminal Law, Criminology and Police Science 59:347–60.CrossRefGoogle Scholar
Damaska, Mirjan. 1968b. “Adverse Legal Consequences of Conviction and Their Removal: A Comparative Study (Part 2).” Journal of Criminal Law, Criminology and Police Science 59:542–68.CrossRefGoogle Scholar
Demleitner, Nora V. 2000. “Continuing Payment on One's Debt to Society: The German Model of Felon Disenfranchisement as an Alternative.” Minnesota Law Review 84:753.Google Scholar
Devins, Neal and Fisher, Louis. 2004. The Democratic Constitution. New York: Oxford University Press.Google Scholar
Doward, Jamie. 2008. “Ban on votes for prisoners is illegal, says parliamentary committee.” The Guardian, Nov. 9, 2008, p. 5.Google Scholar
Epp, Charles R. 1998. The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective. Chicago: University of Chicago Press.Google Scholar
,European Court of Human Rights. 2004. Hirst v. United Kingdom (No. 2), App. No. 74025/01, 38 Eur. H.R. Rep. 40 (2004) (Chamber Opinion).
Ewald, Alec C. 2002. “‘Civil Death:’ The Ideological Paradox of Criminal Disenfranchisement Law in the United States.” Wisconsin Law Review 2002:1045–1132.Google Scholar
Ewald, Alec C. 2004. “An Agenda for Demolition: The Fallacy and the Danger of the ‘Subversive Voting’ Argument for Felony Disenfranchisement.” Columbia Human Rights Law Review 36:109.Google Scholar
Ewald, Alec C. 2005. “A ‘Crazy-Quilt’ of Tiny Pieces: State and Local Administration of American Criminal Disenfranchisement Law.” Washington, D.C.: Sentencing Project.
,Federal Court of Appeal (Canada). 2000. Sauvé v. Chief Electoral Officer of Canada, 2 F.C. 117.
Fellner, Jamie and Mauer, Marc. 1998. “Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States.” Washington, D.C.: Human Rights Watch & The Sentencing Project.
Fields, Gary. 2008. “U.S. News: Felons’ Voting Requests Pile Up; Florida's Process to Restore Suffrage Illustrates Haze.” Wall Street Journal, March 31, p. A4.Google Scholar
Finer, S. E. 1971. Comparative Government. New York: Basic Books.Google Scholar
Gaziano, Todd. 1999. Prepared Testimony, Civic Participation and Rehabilitation Act of 1999: Hearing on H.R. 906 before the Subcommittee on the Constitution of the House Committee on the Judiciary, 106th Congress, October, 21.
Geran Pilon, Juliana. 2007. “Chapter 8: By the people, for the people: Democratic elections as public diplomacy,” in Richard W. Soudriette and Juliana Geran Pilon, eds., Every Vote Counts: The Role of Elections in Building Democracy. New York: University Press of America.Google Scholar
Ginsburg, Tom. 2003. Judicial Review in New Democracies. New York: Cambridge University Press.CrossRefGoogle Scholar
Goldsworthy, Jeffrey. 2006. “Chapter 5: Questioning the migration of constitutional ideas: Rights, constitutionalism and the limits of convergence,” in Sujit Choudhry, ed., The Migration of Constitutional Ideas. New York: Cambridge University Press.Google Scholar
Gottschalk, Marie. 2006. The Prison and the Gallows: The Politics of Mass Incarceration in America. New York: Cambridge University Press.CrossRefGoogle Scholar
Graber, Mark A. 2006. Dred Scott and the Problem of Constitutional Evil. New York: Cambridge University Press.CrossRefGoogle Scholar
Hasen, Richard L. 2003. The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore. New York: New York University Press.Google Scholar
Henkin, Louis and Rosenthal, Albert J., eds. 1990. Constitutionalism and Rights: The Influence of the United States Constitution Abroad. New York: Columbia University Press.Google Scholar
Hirschl, Ran. 2004. Towards Juristocracy. Cambridge: Harvard University Press.Google Scholar
Hirschl, Ran. 2006. “Chapter 2: On the blurred methodological matrix of comparative constitutional law,” in Sujit Choudhry, ed., The Migration of Constitutional Ideas. New York: Cambridge University Press.Google Scholar
Hogg, Peter W. and Bushell, Allison A.. 1997. “The Charter Dialogue Between Courts and Legislatures (or Maybe the Charter of Rights and Freedoms Isn't Such a Bad Thing After All).” Osgoode Hall Law Journal 35:75–124.Google Scholar
Johnson, Robert. 2001. “Message from the President: Collateral Consequences.” Alexandria, VA: National District Attorneys Association. Available at http://www.ndaa.org/ndaa/about/president_message_may_june_2001.html.
Katz, Richard. 1997. Democracy and Elections. New York: Oxford University Press.CrossRefGoogle Scholar
Keyssar, Alexander. 2000. The Right to Vote: The Contested History of Democracy in the United States. New York: Basic Books.Google Scholar
King, Ryan. 2008. “Expanding the Vote: State Felony Disenfranchisement Reform, 1997–2008.” Washington, D.C.: The Sentencing Project.
Kirby, Michael. 2007. “Address on the conferral of the honorary degree of Doctor of the University.” Southern Cross University, Lismore, New South Wales, Australia, 29 September. Copy on file with the authors.
Koopmans, Tim. 2003. Courts and Political Institutions: A Comparative View. New York: Cambridge University Press.CrossRefGoogle Scholar
Kousser, Morgan. 2007. “Disfranchisement Modernized.” Election Law Journal 6:104–12.CrossRefGoogle Scholar
Mackenzie, W.J.M. 1958. Free Elections: An Elementary Textbook. London: George Allen & Unwin, Ltd.Google Scholar
Manfredi, Christopher P. 1998. “Judicial Review and Criminal Disenfranchisement in the United States and Canada.” The Review of Politics 60:277–305.CrossRefGoogle Scholar
Manza, Jeff and Uggen, Christopher. 2004. “Punishment and Democracy: Disenfranchisement of Nonincarcerated Felons in the United States.” Perspectives on Politics 2:491–505.CrossRefGoogle Scholar
Manza, Jeff and Uggen, Christopher. 2005. Locked Out: Felon Disenfranchisement and American Democracy. New York: Oxford University Press.Google Scholar
Massicotte, Louis, Blais, Andre and Yoshinaka, Antoine. 2004. Establishing the Rules of the Game: Electoral Laws in Democracies. Toronto: University of Toronto Press.Google Scholar
McDonald, Michael and Popkin, Samuel. 2001. “The Myth of the Vanishing Voter.” American Political Science Review 95:963–74.Google Scholar
Pettus, Katherine. 2002. Felony Disenfranchisement in America: Historical Origins, Institutional Racism, and Modern Consequences. New York: LFB Scholarly Publishing.Google Scholar
Phillips, Frank. 2001. “Lawmakers Push to Ban Inmate Votes.” Boston Globe, June 28, p. B1.Google Scholar
Pinard, Michael. 2004. “Broadening the Holistic Mindset: Incorporating Collateral Consequences and Reentry into Criminal Defense Lawyering.” Fordham Urban Law Journal 31:1067.Google Scholar
Powers, William Ashby. 2006. “Hirst v. United Kingdom (No. 2): A First Look at Prisoner Disenfranchisement by the European Court of Human Rights.” Connecticut Journal of International Law 21:243.Google Scholar
Rose, John. 1906. “Negro Suffrage: The Constitutional Point of View.” American Political Science Review 1:17.CrossRefGoogle Scholar
Rottinghaus, Brandon. 2003. “Incarceration and Enfranchisement: International Practices, Impact, and Recommendations for Reform.” Washington, D.C.: International Foundation for Election Systems.
Rottinghaus, Brandon and Gina Baldwin. 2007. “Voting Behind Bars: Political Determinants of International Prison Disenfranchisement.” Electoral Studies 26:688–98.CrossRefGoogle Scholar
,Sentencing Project. 2008. “Felony Disenfranchisement Laws in the United States.” Available at http://www.sentencingproject.org/Admin%5CDocuments%5Cpublications%5Cfd_bs_fdlawsinus.pdf.
Shapiro, Andrew. 1993. “Note: Challenging Criminal Disenfranchisement Under the Voting Rights Act: A New Strategy.” Yale Law Journal 103:537.CrossRefGoogle Scholar
Stone Sweet, Alec. 2000. Governing with Judges: Constitutional Politics in Europe. New York: Oxford University Press.CrossRefGoogle Scholar
,Supreme Court of Canada. 2002. Sauvé v. Canada, 3 S.C.R. 519.
Tate, C. Neal and Vallinder, Torbjorn, eds. 1995. The Global Expansion of Judicial Power. New York: New York University Press.
Uggen, Chris and Manza, Jeff. 2002. “Democratic Contraction? The Political Consequences of Felon Disenfranchisement in the United States.” American Sociological Review 67:777–803.CrossRefGoogle Scholar
VonDoepp, Peter. 2006. “Judicial Assertiveness in Emerging Democracies: High Court Behavior in Malawi and Zambia.” Political Research Quarterly 59:389–399.CrossRefGoogle Scholar
Whittington, Keith. 2005. “Interpose Your Friendly Hand: Political Supports for the Exercise of Judicial Review by the United States Supreme Court.” American Political Science Review 99:583–96.CrossRefGoogle Scholar
Whittington, Keith. 2007. Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History. Princeton: Princeton University Press.CrossRefGoogle Scholar

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