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AMENDMENT XV

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RC Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-01-05 09:15 AM
Original message
AMENDMENT XV
Edited on Sat Oct-01-05 09:26 AM by RC
AMENDMENT XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--

Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.


So how does this not apply to States the do not let convicted felons vote. In some states even after they have completed their sentences?
Is not serving a prison sentence a condition of servitude to the government?
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mikehiggins Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-01-05 09:17 AM
Response to Original message
1. No
servitude in this context refers to whether or not someone was born free or a slave. It has nothing to do with criminal law.
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RC Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-01-05 09:26 AM
Response to Reply #1
2. But it does not say, nor imply that.
Edited on Sat Oct-01-05 09:26 AM by RC
It just states "...or previous condition of servitude." It seems to me to have quite some leeway in the meaning, regardless of the framers intent. For instance, look at how the framers intent has been distorted in -

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Militia? What militia?
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-01-05 10:03 AM
Response to Reply #2
3. National Guard.
For one, is an official mailitia in current context, which is why they get tanks and machine guns, etc. In the Framer's context, all the citizenry was the militia.

-Hoot
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Burning Water Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-01-05 10:36 AM
Response to Original message
4. I think this
Edited on Sat Oct-01-05 10:41 AM by Burning Water
was passed to ensure that just because a fellow was a slave before the Civil War didn't mean his rights could NOW be abrogated. This is considerably different from being a convicted felon, which, yes, does involve a "condition of servitude", but also consists of so much more.

However, there are undoubtedly reasons why released murderers, rapists, embezzlers, etc. should be allowed to vote. This is a debate that the country should, and must, have. But this amendment does not apply. That is, there are other factors in play besides the servitude condition.
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Yupster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-01-05 11:28 AM
Response to Reply #4
5. Correct Burning
This amendment was passed for a very specific purpose and must be seen together with the two amendments that came before it.

The Thirteenth Amendment freed the slaves.

The Fourteenth Amendment made freed slaves citizens of the states they reside in.

The Fifteenth Amendment gave freed slaves (males) the right to vote.

That's what the amendments were passed for regardless of what lawyers use them to justify today.
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