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Mental Disability and the Right to Vote by Rabia Shahin Belt a Dissertation

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Mental Disability and the Right to Vote by Rabia Shahin Belt A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (American Culture) in the University of Michigan 2015 Doctoral Committee: Professor Phillip J. Deloria, Chair Associate Professor Susanna Blumenthal, University of Minnesota Associate Professor Martha Jones Associate Professor Matthew D. Lassiter Professor Martin S. Pernick Professor Rebecca J. Scott © Rabia Shahin Belt 2015 DEDICATION For my Family ii ACKNOWLEDGEMENTS I have been honored and blessed to have such wonderful advisors who have guided me every step of the way through graduate school. Little did Phil Deloria know 10 years ago that he would spend so much time reading about insanity. I am grateful that he brought his deep intelligence, sense of humor and insight, and steady hand to this endeavor. Woof. When I first read Susanna Blumenthal’s CV online, I told myself, I want to be like this person. I am so thankful that she has taken me under her wing. Rebecca Scott and Martha Jones have provided me with lovely examples of what a legal historian should be. I first read Marty Pernick’s work in college and I am gratified to know that the person behind the work is just as inspirational. Thank you to Matt Lassiter for acting as my Obi-Won Kenobi throughout graduate school. Though he was not on my formal committee, thank you to Matthew Countryman for his always sage advice and guidance. Thank you too to Gina Morantz-Sanchez, who greeted me during my first days of graduate school and kept on acting as my cheerleader. At Georgetown, Daniel Ernst, Greg Klass, Dan Super, and Robin West served as teachers, mentors, and guides. I am always grateful to Marlene Moore, who truly created the joint degree program and always went above and beyond the call of duty. I owe a great debt to lovely mentors Guy-Uriel Charles and Dorothy Brown, who whipped this grasshopper into shape. Thank you to law school and grad school mentors Evelyn Alsultany, Jacqueline Antonovich, Sam Bagenstos, Nyantung Ahang Beny, Alfred Brophy, Alicia Davis, Luis Fuentes-Rohwer, Sally Gordon, Ariela Gross, Samuel Gross, Don Herzog, Ellen Katz, Mary Kelley, Scott Kurashige, Tim Lovelace, Jonathan Metzl, Naomi Mezey, Tiya Miles, Julian Mortenson, Nadine Naber, Angela Onwuachi-Willig, Eloise Pasachoff, Charles Postel, John Pottow, JJ Prescott, Melynda Price, Hannah Rosen, Bertrall Ross, Daniel Sharfstein, Karl Shoemaker, David Tanenhaus, Michael Waterstone, Barbara Welke, Diana Williams, Magdalena Zaborowska, and Sarah Zearfoss. Thank you to friends near and far: Kevin Arlyck, Afia Asamora, Alex Boni-Saenz, Dea Boster Wurdig, Susan Burch, Jesse Carr, Johnny Chen, Joseph Cialdella, Kate Clancy, Nathan Connolly, Kealani Cook, Maria-Paz Esguerra, Laura Ferguson, Margot Finn, Aston Gonzalez, Allison Gorsuch, Jasmine Harris, Amanda Hendrix-Komoto, Becky iii Hill, Nate Holdren, Chanda Hsu Prescod-Weinstein, Eisha Jain, Joseph Jones, Liz Kamali, Kelly Kennington,Nora Krinitsky, Sara Lampert, Julianna Lee, Katie Lennard, Jie Li, Leah Litman, Itamar Mann, Elspeth Martini, Austin McCoy, Christopher McLaurin, Sherally Munshi, Kim Nielsen, Alexandra Neuhaus-Follini, Alex Olson, Nicolette Bruner Olson, Katherine Ott, Angela Parker, Gautham Rao, Rooks, Miriam Seifter, Andrew Selbst, Julia Silvis, Ronit Stahl, Marie Stango, Timothy Stewart-Winter, Karen Tani, Lauren MacIvor Thompson, Liz Thornberry, Julia Tomassetti, Felicity Turner, Alyssa Walker, Colleen Woods, Cookie Woolner, and Kate Zell. Thank you to the Island of Misfit Historians, the Americanist Workshop, the Metropolitan History Workshop, the GULC Fellows Workshop, and the Hurst Institute for helpful feedback. Thank you to archivists at the Clark County Historical Society, Ohio State Archives, Kentucky Department for Library and Archives, Kentucky Historical Society, Filson Historical Society, Illinois State Archives, Tennessee State Library and Archives, Tennessee State Archives Generous funding from the Filson Historical Society, the Kentucky Historical Society, the Illinois State Archives, Georgetown University Law School, and the Rackham Graduate School of the University of Michigan made this project possible. Though our relationship did not survive graduate school, I am forever grateful for the time I did have with Ethan Ard. His support made this project possible and allowed me to flourish. We are still family. Forever grateful for the friendship of Sam Erman and his steadfast support from Harvard College, to Michigan Law School, to Haven Hall, to Washington DC, and now California. Thank you also to my “Ann Arbor parents” Mary Corcoran and Howard Erman. Thank you to the late Michael Nardino for teaching me how to write. I have dedicated this dissertation to my family. All that I am is because of them and I am forever grateful for that. iv Table of Contents Dedication .............................................................................................................................................. ii Acknowledgements ............................................................................................................................ iii List of Figures ....................................................................................................................................... vi Abstract .................................................................................................................................................. vii Introduction ........................................................................................................................................... 1 Chapter 1 – Sympathy and Statistics: The Creation of a Dependent, Disenfranchised Class ........................................................................................................................................................ 41 Chapter 2 -- Ballots for Bullets? Disabled Veterans and the Right to Vote ................. 117 Chapter 3 -- Seeing Idiocy and Insanity Through the Law’s Eyes: Congressional Contested Election Hearings, Mental Disability and the Right to Vote ....................... 188 Chapter 4: Citizens, Voters, Idiots? ........................................................................................... 263 Epilogue ............................................................................................................................................. 324 Bibliography ..................................................................................................................................... 330 v LIST OF FIGURES I.1 Women Suffrage Postcard, undated………………………………………………….....97 I.2 “American Woman and Her Political Peers”, 1893…………………………..………..98 II.3 NHDVS Seal, 1865………………………………………………………………………138 II.4 “Street Arabs”, 1868……………………………………………………………………..139 vi ABSTRACT Nearly forty states disfranchise people based on their mental status. Despite the patchwork of laws limiting the voting rights of people with mental disabilities, one of America’s largest minority groups, few researchers have investigated the constitutional strategy utilized for disenfranchisement or the subsequent legal challenges that arose. Through a fine-grained analysis of constitutional and legislative debates, court cases, trade documents, newspapers, and petitions, from the beginning of these suffrage restrictions to the enactment of the 19th Amendment, I describe a “common sense” disability model – the methodology behind barring people with alleged mental disabilities from the franchise. I consider how and why state legislators prohibited individuals’ right to vote based on mental capacity in state statutes and constitutions. I show that two groups –African Americans, and women – were labeled as unfit for suffrage and full political citizenship because of their assumed mental deficiencies, and how each of these groups deployed their own definitions of mental capacity as they fought for the franchise. I then examine the subsequent court and congressional challenges involving people alleged to have voted despite their being judged to lack the necessary mental capacity. I conclude by reflecting on the changed landscape of the twentieth century, as statutory provisions such as the American with Disabilities Act vii and the Voting Rights Act, and political movements such as the disability rights movement challenged the exclusion of the disempowered from the franchise. viii INTRODUCTION “When hereditary wealth, the privileges of rank, and the prerogatives of birth have ceased to be, and when every man derives his strength from himself alone, it becomes evident that the chief cause of disparity between the fortunes of men is the mind. Whatever tends to invigorate, to extend, or to adorn the mind, instantly rises to a high value.” Alexis de Tocqueville, Democracy in America, Volume 2, 18401 “I just think if you are declared insane you should not be allowed to vote, period…Is insanity a disability? I have an answer to that: no. You're insane; you're nuts.” Joseph DeLorenzo, Chairman of the Cranston, New Jersey Board of Canvassers, June 19, 20072 On October 14, 2007, a New York Times reader would come across a curious article. It begins: “All jokes aside about what portion of the state’s population could be ineligible to vote, the New Jersey Constitution does actually bar idiots from voting.” According to the New Jersey Constitution, “no idiot or insane person shall enjoy the right of suffrage.” Although this traditional language might
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