Navy1960
Senior Member
- Sep 4, 2008
- 5,821
- 1,322
All elections are state elections. Federal elections do not exist.15th Amendment
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Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
19th Amendment
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Taken in conjunction with the 10th;
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
It would seem that the "right to vote" is a power delegated to the United States and therefor any matter dealing with those rights such as requiring an ID at the polling place would be subject to Federal review, especially in Federal elections.
Requiring -all- people to present a photo ID when voting does not violate the 15/19th.
12th Amendment
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
While I understand your point, Federal Elections are for offices of Senate, President, and Congress.
United States v. Mississippi 50
Held:
1. Section 1971(a) of Title 42 U.S.C. guarantees the right of citizens "who are otherwise qualified by law" to vote at any election without racial distinction, and subsection (c) authorizes the Attorney General to sue for preventive relief to protect that right regardless of whether it is threatened by invalid laws or valid laws discriminatorily applied. Pp. 380 U. S. 136-138.
UNITED STATES V. MISSISSIPPI, 380 U. S. 128 :: Volume 380 :: 1965 :: US Supreme Court Cases from Justia & Oyez
LESSER V. GARNETT
MR. JUSTICE BRANDEIS delivered the opinion of the Court.
On October 12, 1920, Cecilia Streett Waters and Mary D. Randolph, citizens of Maryland, applied for and were granted registration as qualified voters in Baltimore City. To have their names stricken from the list, Oscar Leser and others brought this suit in the court of common pleas. The only ground of disqualification alleged was that the applicants for registration were women, whereas the Constitution of Maryland limits the suffrage to men. Ratification of the proposed amendment to the federal
LESER V. GARNETT, 258 U. S. 130 :: Volume 258 :: 1922 :: Full Text :: US Supreme Court Cases from Justia & Oyez
It's pretty clear that when a state sets conditions upon which a voter , be it male, female, or whatever color they may be, those conditions when it comes to "rights not granted to the states" are a matter for congress to decide and NOT for the states to decide. Clearly while the "right to vote" was not the original intent of the 15th rather it was allowing African American men to vote. It's very clear since that time that "right" has been clearly established in several cases. While its' true that at the forming of this nation only white land owners could vote and that was generally established in the legislatures of the each of the 13 colonies, since that time, our nation has given ALL of it's citizens the "right" to vote. This talk of a voter I.D. is a political one and has little of anything to do with curbing voter fraud, if that were the case, again I submit it would be easy enough to place one's picture on a voter registration card and this issue would go away. Once more, I will repeat, while many may want these law's to become a reality they face a long uphill battle and over 130 years of established case law to overcome. On a personal level I have no issue with showing an ID at the polling place, however, I would ask this, if I am required to do so, and someone who vote's absentee is not, then how does that help in establishing who the voter is. Further, if the goal is to require everyone to show an ID, then what do you say to the sailor who is deployed on a cruise in the middle of the Pacific who wants to vote, please mail your Military ID , we will send it back?