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Why is it that for felony disenfranchisement only certain rights seem to be lost and they differ state by state.

Such as voting, jury duty, weapons. But some rights are never affected such as searches without warrants, jury trail, right to remain silent, cruel punishment, etc.

Are some rights untouchable but other rights are not? If so, how do we know the difference between rights that can be lost and rights that can not be lost? Does that vary with what ever political party has power?

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    Logically, if a right can be lost depending on which political party is in power, it's a right that can be lost and not untouchable. Who's making what laws is irrelevant to this question.
    – David Thornley
    Commented Nov 29, 2018 at 18:49
  • Fair enough, but why then are certain rights never touched? or revoked?
    – Bohse
    Commented Nov 29, 2018 at 18:53
  • A murderer released still has the right of the 4th and 5th and 8th why are those not removed? is there a reason that only rights that seem to have to do with voting can be removed or holding office?
    – Bohse
    Commented Nov 29, 2018 at 18:54
  • Pretty much anything but a constitutional right can be removed. Constitutional rights apply to all people under US jurisdiction, without exception. Voting rights are just pretty visible.
    – David Thornley
    Commented Nov 30, 2018 at 3:06
  • The Republicans tend to restrict some rights for former criminals (voting and welfare are the big ones) and the Democrats tend to restrict others (owning guns is the big one). Both parties restrict some, for example, where sex offenders can live, serving on a jury, and parental rights.
    – David Rice
    Commented Jan 28, 2019 at 16:13

2 Answers 2

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Rights guaranteed by the constitution cannot be removed. The ones you list are in the 4th, 5th, 5th and 8th Amendments respectively.

A court can deprive someone of life, liberty or property in accordance with due process of law (5th Amendment), but not to a degree that is grossly disproportionate to the crime in question (8th Amendment).

The right to vote can be restricted for criminals in accordance with the 14th Amendment.

Losing second amendment rights is a bit more problematic, but courts don't seem inclined to find that all felons have a right to a firearm.

Beyond that its down to state law, so different states do it differently.

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  • Yes, exactly. I would put 4th and 5th into the liberty category. So those can be removed? No state or court has decided to as of this point in our history? The 8th has been debated with various results as far as execution goes with various results
    – Bohse
    Commented Nov 28, 2018 at 18:12
  • But, basically you are saying any right can be removed as long as there is due process and the right lost is acceptable under the 8ths guidelines.
    – Bohse
    Commented Nov 28, 2018 at 18:30
  • The 8th says you can be deprived of life, liberty and property only. Other bits of the constitution mention other rights that can be removed. In theory that is the limit of what the law can impose on a criminal. However as I say the second seems to be an exception. Maybe you should ask about that on Law.SE.
    – Paul Johnson
    Commented Nov 29, 2018 at 15:33
  • Yes life, liberty and property, is everything, If a criminal can be executed liberty and property are mute. I am more interested in the political aspect of the law. Is one side Left or Right more interested in taking rights or regulating rights since it seems in the news and in statements by politicians we have Judges that are defined by their own politics rather then being jurists. Campaign to be elected no different then any other politician.
    – Bohse
    Commented Nov 29, 2018 at 18:37
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    @Bohse I think its a different question. Above you asked about why some rights seem to be kept and others not, for which the answer is in the constitution. Your new question is about why politicians pass laws removing those rights that they can. I know you mentioned political parties at the end, but not to ask about why they pass the laws they do on this specific subject.
    – Paul Johnson
    Commented Nov 29, 2018 at 19:25
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Due Process of Law
All of the individual rights protected by the Constitution, both those enumerated and those not, are deconstructed from the right to Life, Liberty, and the Pursuit of Happiness.

Protections of liberty are enshrined in the 1st, 4th, 5th, 6th, 7th, 8th, 9th, and 10th. Protections of life are enshrined in the 2nd, 3rd, 4th, 5th, and 6th.

The 5th Amendment provides the path through which these fundamental rights can be violated or surrendered.

nor be deprived of life, liberty, or property, without due process of law

Felons are adjudicated to be undeserving of full franchise in society, because of their crimes against the social compact. For this, they've surrendered many of their individual liberties. Similarly, as a condition of parole or bail, affected individuals often surrender their rights against search and seizure.

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