United States Supreme Court "Out of Control" -- responds to clear and present danger of voter fraud with political correctness!
It is unbelievable that the United States Supreme Court fails to recognize the clear and present danger of voter fraud and the reality of showing identification to cash a check, purchase a drink, or fly on a commercial airliner.
Whatever happened to the checks and balances that were to keep our government honest? Amid all of the “tortured” Supreme Court decisions that usurped the powers of Congress to create law from the bench – especially those infamous “bright line” tests, one wonders why any branch of government would overlook that we have at least eleven million illegal aliens within our borders and that the highly-polarized nature of the constituency means that a very few number of votes can decide an election. One need look no further than the illegal election of Al Franken (D-MN) to the Senate to see the corrosive and toxic effects of illegal voting.
Voter Proof-of-Citizenship Law Voided by Supreme Court
The U.S. Supreme Court threw out an Arizona law that required evidence of citizenship when people register to vote, in a victory for minority-rights advocates and the Obama administration.
The justices, voting 7-2, said Arizona’s proof-of-citizenship law runs afoul of a federal statute that sets out registration requirements. The ruling limits the role played by the states in national elections and raises questions about similar laws in three other states -- Alabama, Kansas and Georgia. Justices Clarence Thomas and Samuel Alito dissented. Justice Anthony Kennedy agreed with Scalia on the result, while criticizing some of his reasoning.
A U.S. appeals court had invalidated the Arizona law, pointing to a 1993 federal law that says states must “accept and use” a standard registration form developed at the national level. That so-called federal form instructs prospective voters to swear that they are citizens, under penalty of perjury.
Writing for the court, Justice Antonin Scalia said the federal government has broad authority to displace state election rules. He pointed to the U.S. Constitution’s elections clause, which says Congress may override states in establishing the “times, places and manner of holding elections.”
Source: Voter Proof-of-Citizenship Law Voided by Supreme Court - Bloomberg
What the ruling looks like …
The National Voter Registration Act of 1993 (NVRA) requires States to“accept and use” a uniform federal form to register voters for federal elections. 42 U. S. C. §1973gg–4(a)(1).
That “Federal Form,” developed by the federal Election Assistance Commission (EAC), requires only that an applicant aver, under penalty of perjury, that he is a citizen. Arizona law, however, requires voter-registration officials to“reject” any application for registration, including a Federal Form,that is not accompanied by documentary evidence of citizenship. Respondents, a group of individual Arizona residents and a group of nonprofit organizations, sought to enjoin that Arizona law. Ultimately, the District Court granted Arizona summary judgment on respondents’ claim that the NVRA pre-empts Arizona’s requirement. The Ninth Circuit affirmed in part but reversed as relevant here, holding that the state law’s documentary-proof-of-citizenship requirement is pre-empted by the NVRA.
Held: Arizona’s evidence-of-citizenship requirement, as applied to Federal Form applicants, is pre-empted by the NVRA’s mandate that States “accept and use” the Federal Form. Pp. 4–18.
(a) The Elections Clause imposes on States the duty to prescribe the time, place, and manner of electing Representatives and Senators, but it confers on Congress the power to alter those regulations or supplant them altogether. See U. S. Term Limits, Inc. v. Thornton, 514 U. S. 779, 804–805. This Court has said that the terms “Times, Places, and Manner” “embrace authority to provide a complete code for congressional elections,” including regulations relating to “registration.” Smiley v. Holm, 285 U. S. 355, 366. Pp. 4–6.
(b) Because “accept and use” are words “that can have more than one meaning,” they “are given content . . . by their surroundings.” Whitman v. American Trucking Assns., Inc., 531 U. S. 457, 466. Reading “accept” merely to denote willing receipt seems out of place in the context of an official mandate to accept and use something for a given purpose. The implication of such a mandate is that its object is to be accepted as sufficient for the requirement it is meant to satisfy. Arizona’s reading is also difficult to reconcile with neighboring NVRA provisions, such as §1973gg–6(a)(1)(B) and §1973gg–4(a)(2).
Bottom line …
While it makes legal sense that the Congress can impose "proof of identity" requirements when filing for voting rights, there should be few restrictions on the states trying to preserve the sanctity of their elections unless they are egregious requirements designed to supress or subvert voters.
If the Supreme Court will not protect the sanctity of our elections, allowing election fraud to continue unabated, perhaps it is time that “We the People” demand our Congressional representatives make a law protecting the United States from those who would subvert the law to the benefit of a single political party (democrats) or foreign sovereign nations (Mexico). It is also time to demand the enforcement of heavy penalties for voter fraud since it subverts our political process.
-- steve
Reference Links …
ARIZONA ET AL. v. INTER TRIBAL COUNCIL OF ARIZONA, INC., ET AL.
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“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius “A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell “Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar “Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS