Once again the Supreme Court seized the opportunity to strike a blow for the unlimited power of the federal government. So much for protecting our rights.
The law that SHOULD have been struck down is the 1993 National Voter Registration Act. Why? Because according to the Constitution, it is the STATES that define who is a voter, not Congress or the federal government.
Article 1, section 2
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
Clearly it is the STATES that define for themselves who is a qualified VOTER.
This section goes on to state that a representative must only be an INHABITANT (resident) of the state that elects him. A similar statement appears in Section 3 for Senators.
Article 1, section 4
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations,
Article 1, section 5
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, …
Clearly Congress was NOT given the authority to alter the definition of who is a qualified VOTER.
Article 1, section 8
The Congress shall have Power To ….
To establish an uniform Rule of Naturalization, …
Clearly this gives Congress the authority to set only the rules for how FOREIGNERS become US citizens.
Article 2, section 1
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress …
Again, it is the STATES that decide who votes for President; that is for the State’s share of the members of the Electoral College.
The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
Again, no mention of the qualifications of VOTERS that participate in the election for President.
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; …
Clearly the Founders had a clear understanding of the difference between inhabitant (resident), natural born US citizen and naturalized US citizen. And still they did not assign to Congress the authority to meddle in a STATE’s right to define the qualifications of a voter within that State.
NOTHING in the Civil War era amendments alters any of the above. Those amendments plainly state the obvious fact that former slaves are US citizens and residents of the state where they live, and therefore are entitled to the same civil rights as all other free men. DUH… :
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Again, there is not even a hint that Congress might have the right to define for the States the qualifications of their voters.
CLEARLY, it is the 1993 National Voter Registration Act that is unconstitutional, and therefore it cannot possibly trump a state law. Clearly Arizona and other states do have the constitutional right to define who among their residents is eligible to vote, and therefore to require proof of US citizenship if they so choose, especially of people reasonably suspected to be or to have been foreign-born non-citizens.