and all our asses goodbye!
Posted on 01/18/2014 9:41:19 AM PST by jazusamo
A federal commission rejected three states’ requests to ask voters for proof of citizenship, issuing a complex decision Friday that said it’s up to the national government, not the states, to decide what to include on registration forms.
Under the motor-voter law, federal officials distribute voter-registration forms in all of the states. Arizona, Kansas and Georgia all asked that those forms request proof of citizenship, but the federal Election Assistance Commission rejected that in a 46-page ruling.
The EAC said states can check driver’s license databases or ask federal immigration authorities for information, but they cannot tell the federal government what to include on federal forms.
“The EAC finds that granting the States’ requests would likely hinder eligible citizens from registering to vote in federal elections, undermining a core purpose of the NVRA,” the commission said in its ruling, referring to the National Voter Registration Act, or motor-voter law.
The EAC’s decision is almost certain to end up back before the federal courts and could go all the way to the Supreme Court.
Indeed, the states’ request to the EAC was in part spurred by a Supreme Court ruling last year. In that case, the justices said Arizona couldn’t refuse to accept the federal registration forms.
But Justice Antonin Scalia also specifically said Arizona could ask the EAC to include the request on forms distributed in that state, and said if the EAC refused, the state could come back to the courts.
Friday’s decision is the latest skirmish in the push for voter identification and proof of citizenship as some states seek to crack down on what they fear is fraudulent registration and, in some cases, fraudulent voting.
(Excerpt) Read more at washingtontimes.com ...
The *central committee* rejected three states’ requests to ask voters for proof of citizenship.
Amen to that.
and all our asses goodbye!
To begin with, the federal government has only those powers to protect voters which the states have expressly delegated to the feds via the Constitution. Such powers are evidenced by the 15th, 19th, 24th and 26th Amendments which expressly grant the feds the power to protect voters on the basis of race, sex, tax status and age respectively. Otherwise, the feds have no constitutional basis to prevent the states from prohibiting eligible citizens from voting on the basis of not being able to prove citizenship, or not being able to show valid photo ID for that matter.
Next, I don't understand why the states are asking the Election Assistance Commission for permission to do anything. More specifically, the Founding States had made the first numbered clauses in the Constitution, Sections 1-3 of Article I, to clarify that all federal legislative powers are vested in the elected members of Congress, not in so-called "independent federal regulatory agencies" which the Election Assistance Agency appears to be. So Congress has a constitutional monopoly on federal legislative / regulatory powers whether it wants it or not imo. And by delegating federal regulatory powers to unelected federal bureaucrats like those running the EAC, corrupt Congress is wrongly protecting federal legislative powers from the wrath of the voters in blatant defiance of the previously referenced statutes imo.
Again, why are the states asking the Election Assistance Commission for permission to do anything since the states have granted the feds the specific powers to police voting only on the criteria of race, sex, tax status and age?
“The States should tell the Federal Judges to go to hell and check for citizenship anyway.”
Yep. A couple of states are ignoring federal drug laws, apparently without repercussion. Why not ignore some more federal laws/rules?
The states are just puppets of the fed. Not how the Constitution saw it.
Absolutely...I feel the same about voter pamphlets being printed in any language other than English.
What federal elections?
States and the people in those states hold elections.
Even the election for president is actually a vote for State representatives to the electoral college (a State office).
There is no popular vote for a federal government official. Congress is at worst a 50/50 state federal hybrid, but even that is debatable.
This issue should be controlled by the States.
states run their own elections. they have to ensure the integrity of their own elections.
“The States should tell the Federal Judges to go to hell and check for citizenship anyway”
Finally a kindred soul. Federal judges have no jurisdiction over a sovereign state. States that acquiese are just begging for more rulings. GA had to go to court two times to get our voter ID law validated. I thought we should have just instituted it and told the courts to pack snad.
It is the same for the federal buildings I go in to. Each and every one of them requires a photo ID.
The US Government is ten times worse than George III ever dreamed of being. The sacrifices of the Founders and their followers were in vain. One tyrant was traded out for an even greater tyrant. Sad.
They may be ticked off but will probably continue to vote for the Democrat that promises them the most stuff.
It’s about time for a few States to start ignoring SCOTUS decisions. What is Roberts going to do, send troops?
So yes, the president will send in troops.
Obama ain’t Eisenhower.
Yes, they do. Here is Article VI of the United States Constitution, often referred to as the Supremacy Clause.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Federal judges don't often get involved in state law issues unless the state law contravenes the Constitution or federal law. This isn't new, but has been going on since the Founding.
It doesn’t matter. The precedent was set early in our history, and no president will let a state get away with overt defiance of federal authority. You can take that to the bank. Ask the people who thought they could defy Lincoln and get away with it.
Only the SCOTUS has jurisdiction when the United States (DOJ) files suit agains’t a state.
When these Federal judges jump in and try to stay voting laws or immigration laws from being put into action until it is heard by the Supremes they are out of their jurisdiction. Over time the states have allowed themselves to be buffaloed. Everything has gotten murky. States must re-establish their sovereignty.
Even after the SCOTUS ruled that the voter ID law was constitutional the DOJ still tried to block GA from instituting it with yet another suit. Our gov should have just said no and gone ahead with it. Jan Brewer should have done the same thing in AZ over their immigration law.
What these Governors need to do is start telling these liberal activist Federal judges “see you at the Supremes.”
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.