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Maybe We Don't Need To Find Waldo After All: Why Preventing Voter Fraud Is Not A Compelling Interest, Brandon T. Goldstein
Maybe We Don't Need To Find Waldo After All: Why Preventing Voter Fraud Is Not A Compelling Interest, Brandon T. Goldstein
William & Mary Bill of Rights Journal
This Note takes the position, counter to established jurisprudence, that the prevention of voter fraud is not a compelling state interest that can independently justify restrictions on the right to vote. It will seek to do so through two mechanisms. First, it will argue that the right to vote is unjustifiably treated differently than other rights by courts, using a comparison to the Second Amendment right to bear arms. Second, it will argue that current jurisprudence holding the prevention of voter fraud to be a compelling interest misunderstands the inherent means-ends distinction in voting rights standards. The prevention of voter …
The Price Of Democracy: Evaluating The Excessing Fines Clause In Light Of Florida Felon Disenfranchisement, Raven Peters
The Price Of Democracy: Evaluating The Excessing Fines Clause In Light Of Florida Felon Disenfranchisement, Raven Peters
William & Mary Bill of Rights Journal
This Note aims to show how the current test of proportionality is insufficient in combatting excessive fines, especially considering the racist and discriminatory practices of felon disenfranchisement. In Part I, this Note evaluates the background of the Eighth Amendment’s Excessive Fines Clause and its recent incorporation against the states. Part II will provide insight into the history of felon disenfranchisement in Florida and the fight for voter restoration through the passage of Florida Amendment 4. This section will then tell of the subsequent implementation of Florida Statutes section 98.0751 requiring ex-felons to pay all fines and fees associated with their …