2006 ILLINOIS YOUTH SUMMIT ISSUES
I. Equity in Public Education Funding
,
II. Voting Rights for Ex-Felons
,
III. Detaining U.S. Citizens as Enemy Combatants
.
I. Equity in Public Education Funding
In Brown v. Board of Education (1954), the U.S. Supreme Court said "it is
doubtful that any child may reasonably be expected to succeed in life if he is
denied the opportunity of an education. Such an opportunity, where the state
has undertaken to provide it, is a right which must be made available to all on
equal terms."
However, the Court later held in San Antonio v. Rodriguez (1973) that education
is not considered a "fundamental right" protected by the federal constitution.
Instead, education is a responsibility of the state governments, who also have
the primary responsibility for funding it. As one result, the quality of public
education, and level of funding for public education, varies widely even within
a state.
The Summit explores the question of equity in public education funding for K-12
students. It provides a historical context for public education in America, how
equality of education has been understood, and the ways in which states have
been permitted to fund it.
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Should the following amendment to the Constitution of the United States be
adopted? "All persons eighteen years of age or younger shall enjoy the right to
a public education of equal high quality. The Congress shall have the power to
enforce this article by appropriate legislation."
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Should the Illinois General Assembly enact a law committing the State to fund
public education before all other state programs?
II. Voting Rights for Ex-Felons
In the United States, the right to vote may not be abridged or denied by a
state or the federal government because of race, sex, or failure to pay a poll
[or head] tax. However, under the Fourteenth Amendment, states can deny the
right to vote to individuals guilty of "participation in rebellion, or other
crime." Nationally, more than four million Americans are denied the right to
vote as a result of laws that prohibit voting by felons or ex-felons. Except in
Maine and Vermont, prisoners cannot vote, and in 36 states felons on probation
or parole are denied the vote. In 11 states, a felony conviction can result in
a lifetime ban long after the completion of a sentence.
While each state has developed its own process of restoring voting rights to
ex-offenders, these processes are often so cumbersome that few ex-offenders are
able to take advantage of them. Under current law, the federal government may
not infringe upon a state's authority to grant or rescind voting rights to
prison inmates and former felons.
The Summit presents positions and arguments on whether ex-felons should be
permitted to vote. It provides background on the right to vote in the United
States and the history of denying that right to felons and ex-felons.
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Should Congress create a law to automatically restore voting rights to persons
once they have completed a felony prison sentence?
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Should Illinois formally notify each convicted person of the restoration of
their right to vote upon release from confinement and formally notify all state
and local election officials of this right?
III. Detaining U.S. Citizens as Enemy Combatants
Following the attacks of September 11, 2001 by al Qaeda, the United States
captured hundreds of persons and designated them "enemy combatants." Under this
policy, the President determines who is an enemy combatant and places them in
military detention without charges or access to an attorney. Most enemy
combatants were captured in Afghanistan and are not American citizens. However,
in 2002, U.S. citizen Jose Padilla was detained at O'Hare International Airport
and was subsequently designated by the President as an enemy combatant. Padilla
allegedly plotted to detonate a "dirty" nuclear bomb. Recently, Padilla's
status was changed without explanation, and he now faces federal felony charges.
The Summit gives an overview of some of the issues relating to enemy
combatants. It reviews some of the powers of Presidents during wartime, the
rights of citizens here in the United States, and the ways the U.S. Supreme
Court has tried to balance individual freedoms with national defense.
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Should the President have the power to seize U.S. citizens in civilian settings
whom he identifies as 'enemy combatants' and hold them in military detention
without criminal charge or trial until they are brought before a neutral
decisionmaker who will determine whether this designation is true?
Last updated: February 10, 2006
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