IN my previous article, I discussed the history of democracy and traced its evolution from the ancient Greek city-states democracy and Roman republics. At that time, integrity and character were major bedrocks upon which democracy was founded.
Now, there are some nations whose constitutions do not make integrity a precondition for getting into elective offices. In this article, I will single out one jurisdiction for this exposition. This is the United States of America.
Qualification for federal electoral offices in the United States of America
It is possible for a felon to serve in the US congress. To qualify as a member of the House and Senate, there are three constitutional requirements that must be fulfilled. These are: 1. Minimum age requirement: All members of the House must be a minimum of 25 years old. The minimum age requirement for the Senate if 30 years. 2. US citizenship: Members of the House must be US citizens for at least seven years before the election. The requirement Senate is that the candidate must have been a US citizen for at least 9 years before the election. 3. US Habitation: They have to be inhabitants of the state they represent when elected. By implication, committing a crime does not constitutionally disqualify someone from serving in Congress and the respective states have no say in determining whether someone is qualified to serve in the House or Senate.
According to the United States Congressional Research Service, “[S]ince a State does not have the authority to add qualifications for federal offices, the fact of conviction, even for a felony offense, could not be used to keep a candidate off of the ballot under State law either as a direct disqualification of convicted felons from holding or being a candidate for office, or as a disqualification of one who is no longer a “qualified elector” in the State. Once a person meets the three constitutional qualifications of age, citizenship and inhabitancy in the State when elected, that person, if duly elected, is constitutionally “qualified” to serve in Congress, even if a convicted felon.”
Taking advantage of this, in 1798, Rep. Matthew Lyon ran for Congress from prison and won. He assumed his seat in Congress after serving four months in prison for “libelling” President John Adams.
America’s democracy from a historical perspective
The present United States of America was founded by settlers from Europe, mostly people who were religious nonconformists. The early settlers in the 13 colonies had to arm themselves against the Aborigins who were the original occupants of North America, wild animals and other European colonialists. In addition, these earlier settlers sought political independence from Europe which decided to impose tax on their tobacco products. Out of necessity, these immigrants freely owned arms and could forma militia at will.
At this point in history, the new Americancolonies were independent of each other. However, in 1778 a formal alliance was forged by the 13 colonies. The America Continental Congress derived its authority from individual state legitimacy. Attempts to strengthen the congress met with a lot of restrictions chief of which was that people were more inclined to their local regulations than the congress’. Hence founding fathers adopted a system of government where leadership was through the provinces or states. The Articles of Confederation gave the congress the right to make requisitions on the states. The states in turn leveraged on their domestic power to meet congressional demands.
The Articles of Confederation reflected a strong preconception of state sovereignty. It is a treaty between sovereign states, not a creation of a new nation-state. It even contains provision that one state can unilaterally go to war without others joining. Hence America practiced what was a weak federation of autonomous and equal states. Since then, governance in America had been through elected assemblies which in turn had developed experience in committee politics. America employed what is known as “institutional memory” which is ruling based on past ways and liberty in formulating its self-government.
At the Philadelphia Convention, Virginia proposed that rather than a revision of the Articles of Confederation, there should be a new national government in place of existing confederation. Some even asked whether the United States was to be a country. This led to the development of a bicameral legislature (one with representation based on population and the other on equal representation).This was reflected in the Constitution that emerged therefrom. The Constitution also created the office of a Chief Executive to be elected through an electoral college in each state. States were forbidden to pass any law which impaired any Federal Law or the Constitution. The Federal Judiciary was empowered to veto any state laws in compliance with this requirement.
Whereas states retained their civil jurisdictions, there was an emphatic shift of the political centre of gravity to the federal government. The Federal Government acted directly on citizens, as individuals, throughout all the states, regardless of state authority. However, where there is a uniform vote from all the states at Congress, the Constitution can be amended.
The Constitution alone determines who gets elected into federal positions. However, the Constitution is a reflection of the political history and the institutional memory of the American peoples. It therefore gave equal opportunities to all have a chance to be elected into federal offices subject only to three conditions: age, citizenship and inhabitancy. Consequently, until the Constitution is changed, a felon can be elected into federal political offices.
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Examples of presidents who were once felons
There are other nations that have had felons in federal executives, even in the presidency. Some of these are:
- South Africa: Nelson Rolihlahla Mandela was arrested a lot of times. However, his longest and most notable incarceration was from 1962 to 1990 after he was found guilty of sabotage and conspiracy to violently overthrow the western government in South Africa. He was released only because of pressure from the UN and granted unconditional freedom in February 1990. He became South Africa’s first black head of state and first elected in a fully representative democratic election from 1994-1999.
- Cuba: Fidel Alejandro Castro Ruz was a Cuban Revolutionary who was arrested because he led members of his Partido Ortodoxo Movement in a planned insurrection against General Fulgencio Batista’s military administration. He was sentenced to 15 years in prison and was released only because Batista was pressured to grant him amnesty. Castro became the prime minister of Cuba in 1959 and the president in 1976.
- Ghana: Kwame Nkrumah was the first prime minister and president of Ghana and was instrumental to Ghana’s independence from Britain in 1957. However, he was imprisoned from 1950 to 1953. This was because he insisted that instead of constitution that gave more self-governance, Ghana should be given full independence from the British. The British Governor Charles Arden-Clark refused to commit to this. Kwame led the nation to strike. The strike became violent and the leaders of the Conventions People Party (including Kwame) were arrested and sentenced to 3 years in prison. He was Ghana’s president form 1960.
- Kenya: Jomo Kenyatta lobbied for independence of the Kenya African Union from the British colonial rule.
He was arrested on charges of masterminding the anti-colonial MauMau uprising.He was imprisoned from 1952 to 1959 and exiled until 1961. He became the prime minister of Kenya in 1963, oversaw the transition to independence and became the president from 1964 till 1978 when he died.
Many of these leaders transitioned from the prison to take up democratic positions either because there was a lacuna in their respective laws, or because they enjoyed a form of amnesty or the other. However, the political history of their respective nations justified their election, just like America’s history played a major role in its Constitution.
Nonetheless, times have changed.
Integrity and character in American democracy
Regardless of the requirements of Age, Citizenship and Inhabitancy, the Senate or House has the power to decide who may serve. They have the power to vote to expel any member that their colleagues deem unfit or unqualified to serve.
Also, States in America have varying view on qualifications for political offices. In Texas for example, an individual convicted of a felony cannot run for public office, even though s/he will be able to vote. This is regardless of whether such person has a pardon or other forms of judicial release.
Additionally, section 3 of the U.S. Constitution’s Fourteenth Amendment provides that:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who … shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
This disqualification clause came as a result of the aftermath of the Civil War. The nation was unwilling to trust former Confederates who threatened this Congressional plan and were disloyal to the country.
Conclusion
Political offices are symbols of prestige, power, influence, high repute and an expression of the will and choice of the people of a democratic nation. Candidates do not inherit the offices. Rather, they are chosen because the electorate deem them fit and qualified.It is my view that public office holders should show exemplary character and be persons of high integrity.
Governments are run by humans, not angels. Every political office is as prestigious as its occupants. Hence there ought to be standards for people who will qualify to occupy these offices. Countries such as the United States of America should setup pre-qualification standards hinged on the ideals of integrity, character and good reputation.
According to Dwight D. Eisenhower: ‘The supreme quality of leadership is integrity.’
AFE BABALOLA, OFR, CON, SAN, LL.D (Lond.)
