freedombecki
Let's go swimmin'!
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- #61
Thank you, Clayton. The State of Arizona was encouraged to request a rewritten ballot to address some of their more valid concerns, and if the ruling is not in their favor, then they can request another SCOTUS hearing, according to some scuttlebutt I heard around the Hill. You're exactly right, though, it's presently at the behest of how the document reads at the time the SCOTUS made its decision, nothing more, and is therefore, strictly a legalistic matter that can be resolved in another way, namely timely petitioning.That's right. The Supreme Court today invalidated the Arizona Voter Registration Law
In a 7-2 vote, the court said the voter registration provision of the 2004 state law, known as Proposition 200, was trumped by a federal law, the 1993 National Voter Registration Act.
Supreme Court invalidates Arizona voter registration law | Reuters
What say you?
This is fundamental, settled, and accepted bedrock Constitutional jurisprudence: the states may not ignore, modify, amend, nullify, or otherwise attempt to preempt Federal law, Federal law is supreme. See: Cooper v. Aaron (1958).
Today the Court held, in a seven-to-two decision by Justice Scalia, that Arizonas law cannot stand in the face of the NVRA. The Court first recognized that under the Elections Clause of the U.S. Constitution, Congress has the power to dictate when, where, and how elections are held, and state election laws that conflict with federal ones are therefore preempted and without effect. The Court thus held that by requiring states to accept and use the federal form, the NVRA effectively required the states to treat the federal form as sufficient evidence of citizenship without any additional proof, so that Arizonas proof-of-citizenship requirement was contrary to the NVRA, and therefore invalid.
Details: Arizona v. Inter Tribal Council of Arizona, Inc. : SCOTUSblog
The case is Arizona v. Inter Tribal Council of Arizona, Inc.
The ruling has nothing to do with immigration, those undocumented, or whether the borders are properly secured or not. The issue concerned itself with only the question of whether the Elections Clause of the Constitution can be preempted by the states and clearly the states may not.
If the state of Arizona, or any state, for that matter, believes a given voter is in violation of state or Federal elections laws, then that evidence can be used against that specific voter with regard to his alleged crime; but the states cannot presume every voter is a potential fraud risk, and compel citizens to document their citizenship in a manner not required by Federal law.