top | item 16142487

(no title)

kavok | 8 years ago

I’ve never heard of a background check for an elected representative.

It is a bit strange that someone who can’t vote (a felon) could be elected and then vote on our behalf.

discuss

order

SEJeff|8 years ago

They'd have to get background checks to serve on any committee which handles any sort of classified information. They'd need a clearance to head into the SCIF: https://en.wikipedia.org/wiki/Sensitive_Compartmented_Inform...

munin|8 years ago

That isn't really correct, as I understand it. The staffers get background checks, the senators and representatives take a secrecy oath in lieu of a process administered by the executive.

And really, with the separation of powers, how else would it work? The legislators are supposed to oversee things the executive does, do you think that it would be constitutional for the executive to tell the legislature to go fly a kite if the legislature asked to be told things? That, itself, could/would be unconstitutional...

edit: source: https://www.cia.gov/library/center-for-the-study-of-intellig...

craftyguy|8 years ago

Is someone with a presidential pardon still considered a felon? I know the pardon does not erase the conviction, but since a pardon seems to erase the most significant consequences, does it erase all consequences?

SEJeff|8 years ago

A pardon erases prison time, it does not erase any fines resulting from said crime, and also is admitting guilt to the crime[1]. One of the biggest things a pardon does as a result of that (like a guilty plea does as well) is open you up to civil suits. Also, accepting a pardon prevents you from pleading the 5th on any further or follow up charges related to said crime. It is a pretty slippery slope actually. Your question is an interesting one, but one better suited for a Constitutional law scholar such as Professor Lawrence Tribe (runs the constitutional law program at Harvard).

[1] Burdick vs United States: https://scholar.google.com/scholar_case?case=392852811788210...

pvg|8 years ago

Manning was not pardoned. But that's all rather moot. People have run for office from prison (and won).

dvt|8 years ago

Manning received clemency, therefore has re-gained all rights that were "lost," including the right to vote (as well as run for office).

dubrocks|8 years ago

Most states restore voting rights for felons after a period of time.

1000units|8 years ago

I've always considered it against the American spirit to strip any citizen of the right to vote.