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    Change the Law: "Dr. Death" Shouldn't be Permitted to Run for Elected Office


    By Andrew Shirvell, Section News
    Posted on Thu Mar 20, 2008 at 02:37:01 AM EST
    Tags: (all tags)

    I'll admit that I was a little surprised to learn last week that assisted-suicide peddler - and convicted murderer - Jack Kevorkian, a.k.a. "Dr. Death," is planning to run for Congress as an independent in Michigan's Ninth Congressional District this year.

    The very first thought that came into my head was, "Whoa, how can a convicted felon run for any elected office - never mind the most powerful legislative body in the world?"

    So, following up on my lawyerly instincts, I investigated the matter.  

    It turns out that under federal law Kevorkian and other murderers, as well as rapists, child molesters, and, yes, even perjurers, are free to run for Congress once they have been released from imprisonment.  

    In 1995, the U.S. Supreme Court held in U.S. Term Limits v. Thornton, 514 U.S. 779, that states could not add to the rather short list of qualifications that the Constitution explicitly spells out for Congressional candidates.  So this means that in order to qualify as a candidate for Congress all one has to do is be at least 25 years of age, have U.S. citizenship for at least 7 years, and be domiciled in the state from which one was elected.  And that's about it.

    States cannot enact term limits for their federal legislators nor can they bar convicted felons from running for federal office.  In fact, the only permissible way to expand Congressional candidate qualifications is to amend the federal Constitution!    

    In contrast, states can and do limit felons from running for state and local office; however, Michigan apparently does not do so.  

    Read on. . .

    Under MCL 168.938, if one is convicted of a felony while a state or local candidate for office, then "the election of such candidate, if he has been elected, shall be void."  Additionally, if one is convicted of a felony, such as perjury, while in office, then one is subject to removal from office (Detroit Mayor Kwame Kilpatrick, please take note of this indisputable reality.)

    Yet, curiously, a prior felony record does not disqualify a candidate from running for, and keeping, a local or state elected office:

    "Any candidate for public office in this state or holder of public office in this state, convicted of a felony during candidacy or during term of office, may be removed from office and office becomes vacant upon proof of conviction, but prior conviction for a felony does not operate to disqualify a person from being a candidate for office or from being elected or appointed thereto nor constitute grounds for removal therefrom." Op Atty Gen, December 2, 1955, No. 2393.

    This interpretation of Michigan law was most recently re-affirmed in a 1996 Michigan Attorney General Opinion.

    Thus, the upshot is that even if Kevorkian loses his planned Congressional bid (which he will, of course), there's nothing to stop this whack job from running for, say, governor of Michigan in 2010.    

    This is wrong.  As we all know, successfully amending the federal Constitution is like this year's Obama - Clinton Democratic presidential nomination fight: a slow, nasty drawn-out process that takes just about forever.  

    But changing Michigan law to bar felons from running for, and obtaining, state and local office can be, and should be, done.  This is not to say that all felons should necessarily be disqualified.  But common sense would dictate that those individuals previously convicted of murder, at the very least, should be prevented from garnering publicity for themselves - or their bizarre causes - through the imposition of more stringent candidate qualifications.

    At least, though, Michigan does currently attempt to limit felons from exercising some rights enjoyed by the rest of the non-criminal public. For example, MCL 750.227b makes it difficult for a felon to possess a firearm (for good reason!). Unsurprisingly, this rather mild limitation on the rights of felons seems to matter little to Kevorkian, who is currently ineligible to possess a firearm due to his probation status.  Two months ago, Kevorkian told a pro-euthanasia Florida audience, "You should be able to carry an Uzi down the street if you aren't threatening someone."  See:  http://blog.mlive.com/kzgazette/2008/01/dr_jack_kevorkian_cheered_pick.html

    Of course, Kevorkian's idea of "threatening someone" is probably a lot different from that of most normal people.  After all, this so-called physician ran around the country with a self-built suicide-machine in the back of his van looking for vulnerable people to victimize in wild-eyed pursuit of "his cause."  I'm sure in his own twisted mind Kevorkian didn't see himself as threatening anybody with his actions.  

    Personally, I think it is a good idea to keep Uzis and the like out of the hands of convicted murderers like Kevorkian.

    I also think it is a good idea to keep convicted murderers like Kevorkian from making a mockery out of our political system by running for office - be that at the federal, state, or local level.  While we cannot stop Kevorkian from running for Congress any time soon, we can urge a change in state law so that he cannot run for any state or local offices in the near future.  

    Either that, or hope that Kevorkian's new-found love of Uzis sends him back to prison to rot as a felon in possession of a firearm.  

    About the author: Andrew Shirvell, Esq., is a pro-life citizen activist who writes a weekly column that is published every Thursday for RightMichigan.com in which he focuses upon Michigan pro-life issues. Shirvell attended Ave Maria School of Law - Ann Arbor, where he served as president of the school's Bioethics Society, from 2004-2005.  He also served as president of Students for Life at the University of Michigan - Ann Arbor, from 2000-2002.

    < Anuzis Addresses the "Clinton Desperation Tour" | Granholm promises bill will create 400,000 jobs... and, there goes that last shred of credibility >


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    Display: Sort:
    Ethical standards (none / 0) (#1)
    by tenex22 on Thu Mar 20, 2008 at 08:41:55 AM EST
    Should be applied to elected officials. They should be applied at both state and federal levels. If you are a convicted felon, you should not be able to run for, or continue to serve in office. But the reason that a law requiring this would never be passed is that the crooks are already in office.

    "The crooks" (none / 0) (#2)
    by John Galt on Thu Mar 20, 2008 at 12:13:08 PM EST
    If that's what you truly believe... that the crooks are aleady in office, so that's why the law isn't passed... then you really should ask yourself "why do the majority of americans keep electing crooks?"

    I think, when you stop acting absurd about it, you'll realize that most folks in public office are not crooks or criminals at all.

    I say let the guy run.  Let the child molesters and bank robbers run for office.  The electoral process works these things out.  It's why I don't agree with term limits.  Not only is it unconstitutional federally, the whole point of elections is to vote for the more effective representative of your community.

    Which is to say, if you don't like how things are being ran... vote for someone else.  More to the point, you can always run for office yourself...

    I'm with Nick... (none / 0) (#5)
    by rdww on Thu Mar 20, 2008 at 01:25:35 PM EST
    ... on this.  Let Dr. Jack run.  While we're at it, we shouldn't be placing more state bars on seeking elective office -- letting government narrow who can "get into the club" only encourages them to take more rights away.
    BTW, the phrase "..looking for vulnerable people to victimize in wild-eyed pursuit of "his cause" may sound like good propaganda, but is dishonest.  Dr. Jack may be moral toe-cheese and a nut, but he didn't "victimize" anyone who hadn't sought him out to do so.

    Dr. Death Better Than Gary Peters (none / 0) (#10)
    by Victor Laszlo on Sat Mar 22, 2008 at 04:02:19 PM EST
    I think Dr. Death should be allowed to run for Congress.  He is actually a worthier candidate for the Democrats than that Pig feeding at the public trough a/k/a Gary Peters.

    Ethics (none / 0) (#11)
    by chetly on Sun Mar 23, 2008 at 01:56:19 PM EST
    First, Michigan law does prohibited those convicted of "felonies" "that breach the public trust."  Never been clearly interpreted - quite a controversy last year when a Detroit Dem who had been convicted of armed robbery ran.

    Let's fine tune this opinion - I agree that generally convicted Felons shouldn't be allowed to run.  Working on state law first (which should generally be copied to federal law).

    First, let's define that, since "breach of the public trust" is so flimsy as to evade definition, as last year proves.

    I'd start with a short list for sures - murder, violent crime, etc., then add crimes that "put other individuals in direct danger", convicted of any crime DURING office regardless of the crime, and economic crimes that harm the public.  This is off-the-top of my head - it should be tweaked.

    For CERTAIN OFFICES, the Attorney General, Sheriffs, Judges, and Prosecutors, I'd make it almost any crime including almost all misdemeanors.  Top law enforcement officers (witness Eliot Spitzer) must be held to a different standard precisely because of the type of job.  Erosion in the confidence of the justice system occurs when these positions become even slightly corrupted.

    At the federal level, some Constitutional amendment should be devised along similar lines, but, like Term Limits, you can bet no Congress any time soon is going to vote for one (might as well do Term Limits along with it - I'd agree to relatively long limits in such a situation).


    Chetly Zarko
    Outside Lansing & Oakland Politics

    How about this... (none / 0) (#14)
    by jgillmanjr on Thu Mar 27, 2008 at 04:12:30 PM EST
    If you're going to make these restrictions because a person who was convicted of a crime "can't be trusted", or whatever statement you want to use, why let them out of prison at all?

    I'm more than happy to use this argument against any governmental restriction upon activities by felons.

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