Here we have another example of why the Founding Fathers didn’t intend for the Federal Judges to rule on State issues. The will of the people has been once again struck down by one Federal Judge. Clearly the Constitution only allows for CITZENS to vote. The ninth circuit has more cases overturned than any other circuit. Thus, on the whole, the 9th Circuit’s rulings accounted for more reversals this past term than all the state courts across the country combined and represented nearly half of the overturned judgments (45%) of the federal appellate courts.
Let’s see what the Constitution says about who votes according to my Constitutional Lawyer friend:
Art. 1, Sec. 4, U.S. Constitution, re: the “time, place and manner” of elections. Note that Congress may by law alter such regulations as the States make. However, this clause has to do with the “time, place & manner” of elections – NOT “qualifications” of electors.
Clearly only “citizens” may vote! See 15th, 19th, 24th, & 26th amendments!
15th 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 race, color, or previous condition of servitude…”
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.”
24th Amendment: “The right of CITIZENS of the United States to vote in any primary or other election for President or Vice President,……”
26th Amendment: “The right of CITIZENS of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”
9th Circuit overturns AZ proof-of-citizenship voting rule
Yes, the 9th Circuit Court of Appeals strikes again.
And yes, Sandra Day O’Connor played a role in helping the liberal majority.
The Ninth Circuit Court of Appeals has overturned Arizona’s requirement that people show proof of citizenship to register to vote.
The split decision by a three-judge panel determined that the requirement to show proof of citizenship — passed by voters in 2004 — is not consistent with the National Voter Registration Act.
Associate Justice Sandra Day O’Connor, temporarily sitting by designation, and Circuit Judge Sandra Ikuta, with chief judge Alex Kozinski dissenting, said Prop. 200 creates an additional hurdle, while the national act is intended to reduce “state-imposed obstacles” to registration.
The court did uphold Arizona’s photo ID requirement.
But as you know from reading this blog, the Obama Department of Social Justice has also been actively sabotaging state efforts to ensure that only U.S. citizens vote in U.S. elections.
More details on the 9th Circuit ruling:
A three-judge panel of the court said the proof-of- citizenship requirement conflicted with the intent of the federal law aiming to increase voter registration by streamlining the process with a single form and removing state- imposed obstacles to registration. (Again for the Federal law to supersede State law it must fall into the category of one of the “enumerated powers” described in the Constitution-MD)
The federal law requires applicants to “attest to their citizenship under penalty of perjury” without requiring documentary proof, the panel said.
“Proposition 200 creates an additional state hurdle to registration,” the judges said.
The law was challenged by voting rights and Hispanic advocacy groups.
The decision is “a warning to anyone who seeks to deter or prevent voter participation” that the Constitution “will protect our democratic process,” Thomas A. Saenz, president of the Mexican American Legal Defense and Education Fund, a San Antonio-based group that argued the case, said in a statement.
As I’ve noted before: No illegal alien left behind. That’s the progs’ plan.