In 1996, Congress passed a law making it a crime for a non-citizen to cast a vote in a U.S. election. On October 1, U.S. District Court Judge David Leibowitz, a Biden appointee, ruled that the U.S. Constitution does not permit Congress to pass laws on voter qualifications. Instead, he wrote, only states may do so. He cites Article One of the original U.S. Constitution. Therefore, he ruled, the federal government cannot prosecute the defendant in this criminal case for casting a vote even though she was not a citizen. U.S.A. v Cox, s.d. of Florida, 0:25cv-60249.
The decision is very interesting, not only because of the subject matter, but also the judge has a knack for writing in an accessible, somewhat entertaining manner. The question that makes this case difficult is that in 1970, in Oregon v Mitchell, the U.S. Supreme Court upheld a congressional law that said the voting age should be 18 (this was before the passage of the 26th Amendment in 1971). But the U.S. Supreme Court “majority” in that case was splintered as to rationale. Four justices thought the 14th amendment compelled letting 18-20 year-olds vote, and one Justice, Hugo Black, had a completely different rationale. That causes problems for using Oregon v Mitchell as a precedent. Here is the Opinion.
The same constitutional question is pending in several other criminal cases around the country. But this is the first to be decided.
18 U.S. Code § 611 – Voting by aliens
(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, unless—
(1) the election is held partly for some other purpose;
(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and
(3) voting for such other purpose is conducted independently of voting for a candidate for such Federal offices, in such a manner that an alien has the opportunity to vote for such other purpose, but not an opportunity to vote for a candidate for any one or more of such Federal offices.
(b) Any person who violates this section shall be fined under this title, imprisoned not more than one year, or both.
(c) Subsection (a) does not apply to an alien if—
(1) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization);
(2) the alien permanently resided in the United States prior to attaining the age of 16; and
(3) the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.
(Added Pub. L. 104–208, div. C, title II, § 216(a), Sept. 30, 1996, 110 Stat. 3009–572; amended Pub. L. 106–395, title II, § 201(d)(1), Oct. 30, 2000, 114 Stat. 1635.)
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USA CONST 1-4, PARA 1.
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SOME STATES FAILED TO ELECT/APPOINT REPS TO OLDE USA 1776-1781 CONTINENTAL, 1781-1789 CONFEDERATION CONGRESSES —
CAUSING GEN WASHINGTON TO BECOME A MINI -TYRANT DURING 1775-1784 AM REV WAR – SEIZING WAR SUPPLIES, ETC
Kangaroo court judge nominated by a mentally incompetent tool who served as POTUS only due to a stolen election.
Hope for relief from supreme kangaroos, but don’t hold your breath , as they are highly unreliable and error prone. .
Indeed, to such an extent that the benefit of the doubt of calling it mere error is undeserved as opposed to, say, intentional sabotage.
They won’t be satisfied until they criminalise voting by citizens and allow only invaders to vote in more invaders and more wealth redistribution.
Deportation of everyone who is not a White natural born citizen, along with all bums, junkies, perverts, criminals, and mentally ill leftists, would fix the problem.