How Much Have We Lost?

Monday, May 2, 2016

The Constitution Contemplates Mass Civil Rights Restoration

Governor McAuliffe Signs Order Restoring
206,000 Virginians' Voting Rights
Today, I read that several members have hired counsel to litigate the constitutionality of Governor McAuliffe's decision to restore the civil rights of 206,000 Virginians.  Some are questioning whether he has that power. 

I think he does.  Here's why. 

While prior Governors have not chosen to exercise the authority to restore civil rights in the same way as Governor McAuliffe, prior Governor's practical application is not binding on a court.  What matters is legal authority.

The primary legal argument I have heard is that some claim the second sentence of the Constitution only contemplates individual restorations.  After about twenty minutes of legal research, I do not read it that way.
There was an error in this gadget
There was an error in this gadget