by Alexander Keyssar
On September 17, Brent Staples published an editorial in the New York Times sharply criticizing the felon disfranchisement laws that will keep as many as five million persons from voting in this year’s election. Pointing to the fact that many other nations permit ex-felons (or even those in prison) to vote, he understandably asked why America treats “ex-felons so much worse than other democracies.” The answer he offers, attributed to “legal scholars,” is “the racist backlash in the South during Reconstruction.”Staples is not the only person to put forward the view that the felon disfranchisement laws originated in efforts to deprive newly enfranchised freedmen of the vote after the passage of the Fifteenth Amendment. I too have heard this claim stated by legal scholars and by voting rights activists, on many occasions. I’m also in complete agreement with Staples’s political perspective: I do not think that any ex-felons (or even those serving prison terms) should be disfranchised, and I think that these laws have often been used with racist, as well as partisan, intent.