C.2(d). Loss of Civic Powers

This subclause has four paragraphs. The first three outline how civic powers are lost. In some cases, that is a permanent loss. In others, it is temporary. The final paragraph is a limitation on restoration of civic powers to only means outlined in the Charter. Congress and the states can’t legislate restoration.

A finding for Failure to Fulfill a Civic Duty or Failure to Fulfill Oath of Office will result in suspension of the powers to vote and/or hold federal office, as outlined in Article IV of this Charter.

finding for Failure to Fulfill a Civic Duty or Failure to Fulfill Oath of Office will result in suspension of the powers to vote and/or hold federal office, as outlined in Article IV of this Charter.

This paragraph explains the loss of civic powers through civic failure. Civic participation is vital. There is no substitute for it in a free system of government. Those who show a pattern of willful failure to participate by fulfilling their duties forfeit their civic powers.

Similarly, those office holders who fail to uphold their oaths of office lose their power to hold that office. This shouldn’t need explanation. If you can’t be trusted to fulfill your oath to the Charter, then why should you be granted the power to hold a position of trust under it?

Conviction for Treason or Terrorism Against the United States will result in suspension of the Power to vote and hold federal office. It will also include seizure of the Citizen’s passport when the Citizen is within U.S. jurisdiction.

Civic Powers are suspended during any incarceration following a lawful conviction. Regardless, unless provided for otherwise in this Charter, those Powers are automatically restored immediately upon release.

These two paragraphs work together. The second paragraph discusses what happens to civic powers after conviction for most crimes. The convicted citizen’s powers are suspended while they are incarcerated, but automatically restored upon their release. This is to prevent a permanent form of civic exile. Under the Constitution of 1789, there is no uniform rule on this. As I write, in two states, Maine and Vermont, felons can vote while incarcerated via absentee ballot. At the same time, in Virginia, the vote can only be restored to a felon if the governor reinstates it. While we are a federal system, we are also a single polity, not fifty individual ones. This patchwork system is not only unfair to some felons while being extremely permissive to others, but it also skews the value of individual votes from state to state, since felon disenfranchisement varies from zero in Maine and Vermont to more than seven percent in Tennessee.[1] This paragraph suspends civic powers during incarceration following conviction (but not during pre-trial detention). It automatically reinstates those powers immediately upon release from prison. This creates a uniform framework across the nation.

The first paragraph addresses two specific crimes, Treason and Terrorism Against the United States, as a special class. Conviction for either of these offenses does not include automatic restoration. In fact, under the explanation of these crimes in Article IV, restoration is not possible at all.[2] The reason for this absolute ban is that these crimes attack the system of government itself. If you do that, why should you ever be allowed to participate in it?

Powers suspended following this Charter cannot be restored by statute.

In the event of a loss of civic power, there may be circumstances charged enough that the state legislatures or even Congress might choose to make laws that mandate restoration outside of this framework. This paragraph puts an absolute stop to that. If there is enough political will for that, let there be an amendment to do it. If the need really is great enough, ratification should be possible.

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[1] The Sentencing Project, Human Rights Watch & Am. Civil Liberties Union, Out of Step: U.S. Policy on Voting Rights in Global Perspective (June 27, 2024), https://www.aclu.org/publications/out-of-step-u-s-policy-on-voting-rights-in-global-perspective.

[2] Article IV, Section 7.A.1-2.