“The Foundation Stone for Political Action”: Relational Civic Rights Consciousness, Democratic Norms, Racial Threat and Felony Disenfranchisement

Abstract Although democracy is at the core of the U.S.’s self-image, the laws granting civic rights have long been designed to exclude some Americans, highlighting a fundamental tension between the democratic ideal and group interest. Echoing past racial exclusions, contemporary felony disenfranchisement policies and a racially unjust criminal legal system combine to continue to disenfranchise Black Americans disproportionately. Public opinion on these policies presents opportunities for or barriers to reform, so we seek to understand public opposition to ending felony disenfranchisement. Using two recent national surveys from the American National Election Studies, we explore two explanations rooted in the social contexts from which relational civic rights consciousness emerges: one reflecting varied commitments to democratic norms and one rooted in racial threat. Even after controlling for politics, a commitment to democracy is associated with support for allowing those convicted of a felony to vote, while concerns about threats to White privilege are associated with opposition. Critically, the relationship appears conditional: commitments to democracy fail to produce support for voting rights among those who are preoccupied with maintaining White privilege. Implications for people’s support for the legal rights of others, for democracy and for legal change are discussed.