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No Ruling Yet, But Justices Skeptical of Arizona Voter Law [Kennedy Likely To Join Liberals]
NBCNews ^ | March 18, 2013

Posted on 03/18/2013 9:02:09 PM PDT by Steelfish

No Ruling Yet, But Justices Skeptical of Arizona Voter Law

Supreme Court justices expressed some skepticism on Monday about an Arizona law that requires people registering to vote in federal elections to show proof of citizenship.

The legal question before the nine justices is whether the voter registration provision of the 2004 state law is trumped by a federal law, the 1993 National Voter Registration Act, which outlines various ways in which people can register to vote in federal elections.

That law requires no proof of citizenship. Would-be voters simply sign a statement saying they are citizens.

Based on Monday's oral argument, it was unclear how the court will rule, but a number of justices, including regular swing vote Justice Anthony Kennedy raised some concerns about the law.

(Excerpt) Read more at nbcpolitics.nbcnews.com ...


TOPICS: Government; Mexico; News/Current Events; Politics/Elections; US: Arizona
KEYWORDS: aliens; arizona; electionfraud; justicesofinjustice; mexico; scotus; votefraud; voterfraud
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To: Lurking Libertarian
. . . however good an idea it is-- can't override the Motor Voter Act.

Article I Section 2 and the 17th Amendment specify the qualifications of electors to the House and Senate have the same qualifications as electors to the most numerous branch of the State legislatures.

If a State requires proof of birth or citizenship to elect state assemblymen, I do not understand how that can be a contested standard for Congressional elections.

21 posted on 03/19/2013 2:26:09 AM PDT by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: Anitius Severinus Boethius
Nothing about manner or place.

Yes, it does. See Article I Section 4.

22 posted on 03/19/2013 2:30:12 AM PDT by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: Steelfish

“John Marshall made his decision; now I’ll make mine.” Andrew Jackson To my knowledge, Jackson was never fined, arrested or imprisoned for going against a Supreme Court ruling. If the SC votes to allow illegals to vote, it is the end of the republic and we might as well not vote.

Of course, Roberts could declare this is a tax and you can’t have a poll tax.


23 posted on 03/19/2013 3:42:51 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: NTHockey

This gets approved by the SC, why do we bother to have a vote anylong anyway? SEnd out all the free ballots to anyone in the world and let them also vote. Who needs to be living in this country if that happens. What REALLY gets me riled is that our military votes DO NOT GET COUNTED when coming from overseas.


24 posted on 03/19/2013 3:47:28 AM PDT by DaveA37
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To: Jacquerie
The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof

The "times, places and manner" are determined by the legislatures of each state.

but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.

The Congress may alter the rules (note the exception for the place of choosing Senators. Senators had always been a State concern until the 17th Amendment) but the primary responsibility is the individual states.

But Article I Section 4 specifically covers elections of Representatives and Senators, and not the President.

25 posted on 03/19/2013 7:03:40 AM PDT by Anitius Severinus Boethius (www.wilsonharpbooks.com)
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To: Anitius Severinus Boethius

Article I, section 5, clause 1, re Congressional elections.


26 posted on 03/19/2013 7:24:44 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Steelfish
 
Don't let the MSM tell you what to think.
 
Here is the transcript for the oral arguments heard before the court. 12-71. Arizona v. Inter Tribal Council of Ariz. Inc.. My apologies for it's being a PDF, but that's what the court publishes. I don't have time to convert it to HTML today.

27 posted on 03/19/2013 7:36:16 AM PDT by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: Lurking Libertarian
"Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business"

Uh, that has nothing to do with the actual "election" (i.e. selection of people who will serve) of the members of the house (see Article 1, Section 4 for that), but rather how "Each House" of Congress has the right to run each house how they see fit.

28 posted on 03/19/2013 7:57:58 AM PDT by Anitius Severinus Boethius (www.wilsonharpbooks.com)
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To: Anitius Severinus Boethius

Those who make peaceful change impossible
make violent revolution inevitable.


29 posted on 03/19/2013 7:59:17 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: stansblugrassgrl

interesting, you have to show proof you are a licensed attorney in all your pleadings via a bar #.


30 posted on 03/19/2013 10:02:11 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Amendment10; All
I forgot to mention the following in my previous post concerning the citizenship requirement to vote. Not only do the voting rights amendments to the Constitution clarify, imo, that you have to be a citizen in order to vote, the Supreme Court clarifying in Minor v. Happersett that citizenship does not automatically confer the right to vote, but also note Section 2 of the 14th Amendment. Section 2 seems to likewise indicate that citizenship is a prerequisite to being able to vote.
14th Amendment, Section 2: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States (emphases added), or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

31 posted on 03/19/2013 10:45:28 AM PDT by Amendment10
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To: Anitius Severinus Boethius
Sorry, I cited the wrong clause. I meant Article I, section 4, clause 1: "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..."

The only issue before the Court, unfortunately, is whether the Motor Voter law is one regulating the "manner of holding elections" for Congress. If it is, it trumps Arizona's law.

32 posted on 03/19/2013 10:47:36 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Steelfish; Lurking Libertarian; JDW11235; Clairity; TheOldLady; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

33 posted on 03/19/2013 11:14:05 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Anitius Severinus Boethius

I’m not sure what you were getting at, but Motor Voter cannot trump the Constitution. Each State determines, subject to the Constitution, the qualifications of Congressional electors.


34 posted on 03/19/2013 11:59:06 AM PDT by Jacquerie ("How few were left who had seen the republic!" - Tacitus, The Annals)
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To: oldbill
Shear lunacy! The Republican party will cease to exist by 2030.

You are dreaming. The GOP is already irrelevant in CA, NY, MN, and many other states. I have lived in AZ for over 40 years, and it has gone from bright red to deep purple and for the first time since I can remember have more RAT reps than GOP seated in the 113th Congress.
92nd 2 GOP, 1 RAT
97th 2 GOP, 2 RAT
102nd 4 GOP, 2 RAT
107th 5 GOP, 1 RAT
112th 5 GOP, 3 RAT
113th 4 GOP, 5 RAT
35 posted on 03/19/2013 8:27:00 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: oldbill
When I went up to register myself as a test, I asked them about how do I prove I’m a citizen. They said “Don’t worry about it - no one checks”.

This one has all but been forgotten (Jun 1, 2006, Spanish Question)

Video here ILLEGAL ALIENS VOTING. "YOU DON'T NEED PAPERS!" SAYS FRANCINE BUSBY .

CA-50's Busby (RAT): "You Don't Need Papers for Voting"

“You Don’t Need Papers For Voting”
36 posted on 03/19/2013 9:13:40 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Jacquerie

Yes, but as noted above “the Congress may at any time by Law make or alter such regulations”. So we’ll see how the Supremes interpret it.

I could see them making either argument. But I’m choosing to be hopeful.


37 posted on 03/22/2013 7:53:02 PM PDT by highball ("I never should have switched from scotch to martinis." -- the last words of Humphrey Bogart)
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