Law Professor John J. Martin Article Says Congress has no Authority to Set Voter Qualifications

Law Professor John J. Martin of Quinnipiac University has this essay, pointing out that Congress has no authority to set voter qualifications, even in federal elections. Article One lets Congress write laws on the “time, place and manner” of congressional elections. But those categories don’t include anything about voter eligibility. Therefore, the SAVE America bill recently passed by the U.S. House, mandating that only citizens can vote in federal elections, has no constitutional basis.

The article also points out that nineteen states let non-citizens vote during the 19th and early 20th centuries. Also currently 20 local governments allow non-citizens to vote in elections for their own officers.


Comments

Law Professor John J. Martin Article Says Congress has no Authority to Set Voter Qualifications — 26 Comments

  1. This is correct. But like all federal policies, they tie grant funding to the states to ensure implementation. If there’s no money attached to the federal program, the states ignore them for years. An example of this is Real ID which lingered for 2 decades until federal dollars were added to support implementation. There are likewise many federal programs that include state administration of elections to “help” but really its to standardize and control.

  2. The US Supreme Court said in Arizona v Inter Tribal Council of Arizona, 570 US 1 (2013), “Arizona is correct that the Elections Clause empowers Congress to regulate how federal elections are held, but not who may vote in them.” The decision goes on to quote from Federalist Paper 52, by James Madison (“father of the Constitution”) about state power to decide who is eligible to vote.

  3. Why would anyone want non-citizens voting? This undermines being an American citizen. There’s not much point in becoming an American citizen if non-citizens can vote in governmental elections. Non-citizen voting would also leave the door open for more foreign influence over government. This is a terrible idea.

  4. I also agree with Andy. We must secure the existence of our people and a future for White children!

  5. There are reasons why someone would want to be a U.S. citizen, even if adult permanent residents are able to vote in the United States. A U.S. passport can only be obtained by U.S. citizens and U.S. nationals, and a U.S. passport is a valuable thing to possess.

  6. I agree with True American. Only disloyal Americans abandon and leave America. Patriots take their vacations in the USA and don’t need passports.

  7. @RW,

    Were ‘Oregon v. Mitchell’ and ‘Tashjian’ wrongly decided?

    Who would have standing to challenge the law?

  8. Standards should be set for who can become a citizen and how one becomes a citizens, and those standards should be pretty high.

    Only those with American citizenship should be able to vote in all local, state and federal elections.

  9. Raising the standards should begin with restoring the voting restrictions which were in place in 1789 and proceed from there. It’s time to raise the bar and rise to the occasion!

  10. I agree with Andy, Randy, 2YT4U, The Truth, Helpful Guy, Real Facts, Make America American Again, True American, Patriot, Make White Power Great Again, You can’t spell Triumph without Trump, and George Whitfield.

  11. Non citizens voting, no border controls, no deportation of illegal invaders, welfare state – – how long would it take for a country like that to be overrun with third world migration and reduce everyone here to a third world standard of living and government? No thanks!

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