Won't this Bill (HR1) be immediately challenged in the Courts as Unconstitutional if it gets rammed through Congress with an end to the Fillibuster?

[surfguy74]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

 

[Mycroft]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

Yes. It will.

Twenty states have already said they would.

 

[Helix]

I've heard a carve out strategy might work. Either way, a version of the new voting rights bill should be pushed through.

 

[Linc]

Yes. It will.

Twenty states have already said they would.

Those 20 states amount to the New Confederacy.

 

[ttwtt78640]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

WTF? It also allows congress to override most of what the states have put into place.

Article I, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

 

[JasperL]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

WTF? It also allows congress to override most of what the states have put into place.

Article I, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

It's rare to see someone so conclusively prove their ignorance about what the Constitution says than the OP.

 

[ttwtt78640]

It's rare to see someone so conclusively prove their ignorance about what the Constitution says than the OP.

Yep, that’s what happens when one doesn’t even bother to read the constitution before asserting what it says on a matter.

 

[bluesmoke]

Yes. Everything will.

 

[Visbek]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

sigh

Federal laws regulating voting already exist, notably the Voting Rights Act of 1965. The 14th Amendment (presumably the equal rights and due process clauses) protect the rights of American voters. (Along these same lines, that's why a state can't run an election, and then completely disregard the election results when the state legislature picks electors).

Although the courts have cut back on some of the enforcement (e.g. it switched the VRA enforcement from enacted by default, to one where cases need to be filed first). However, the general project is certainly constitutional.

 

[Visbek]

WTF? It also allows congress to override most of what the states have put into place.

Article I, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

Keep in mind that refers to votes for Senators and Representatives. The bills in question also impact local elections, state elections, and Presidential elections. Those voting rights are (afaik) protected by the 14th Amendment.

 

[ttwtt78640]

Keep in mind that refers to votes for Senators and Representatives. The bills in question also impact local elections, state elections, and Presidential elections. Those voting rights are (afaik) protected by the 14th Amendment.

That is a good point, one would assume that states would still be free to hold different elections for POTUS (assigning their EC delegates) and state/local officials. I have not attempted to read the entire text of HR 1 because I assume that it has no chance of passing the US Senate.

 

[Rich2018]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

Yes, it will require a Constitutional Amendment to change that.

 

[swing_voter]

Two different laws, two different bills.

You have an end to the filibuster. That's one bill.

Then you have a vote on a variety of things, voting rights is only one of dozens of things.


.

 

[ttwtt78640]

Yes, it will require a Constitutional Amendment to change that.

Perhaps not, since the SCOTUS has been quite reluctant to strike down acts of congress.

 

[ttwtt78640]

If that's true, then why was the first voting rights act not challenged on that basis?

Because of the 14A and 15A.

 

[BlueTex]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

It will be challenged but the challenges are unlikely to prevail. The constitution give congress the power to regulate elections..

Article I, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

 

[BlueTex]

Yes, it will require a Constitutional Amendment to change that.

False...

Article I, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

 

[AGENT J]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

congress can in fact make rules in this regard within limits
like ANYTHING . . it can be challenged but on the surface, i see nothing unconstitutional

I am ignorant of the topic though, I havent read the entire bill only seen "cliff notes" lol DO you have something specific that is factually in the bill that is unconstitutional?

 

[TheDoctorWasIn]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

And what's the next line in the Constitution, after "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof;"?

Hint: it answers your question pretty conclusively.

 

[Patriotic Voter]

The Constitution expressly provides the States with the authority to enact its own election laws.

The Voting Rights Act is a federal law. Do you think it is unconstitutional despite the Supreme Court ruling otherwise?

The federal government changed a Senate election law. Enough states supported it to amend the Constitution.

 

[mrjurrs]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

No it doesn't. The 10th Amendment infers that power. Here is what the Constitution actually says about elections. Article 1, Section 4
" The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. "

"Although the Elections Clause makes states primarily responsible for regulating congressional elections, it vests ultimate power in Congress. Congress may pass federal laws regulating congressional elections that automatically displace (“preempt”) any contrary state statutes, or enact its own regulations concerning those aspects of elections that states may not have addressed. The Framers of the Constitution were concerned that states might establish unfair election procedures or attempt to undermine the national government by refusing to hold elections for Congress. They empowered Congress to step in and regulate such elections as a self-defense mechanism."
https://constitutioncenter.org/interactive-constitution/interpretation/article-i/clauses/750

 

[Rich2018]

Perhaps not, since the SCOTUS has been quite reluctant to strike down acts of congress.

I think on an issue so big, the Republicans will be screaming at the SC.

 

[joko104]

Those 20 states amount to the New Confederacy.

The consist of the last of the United States of America as the International Corporate-Fascist Democratic Party of the plutocrats furiously re-institute slavery in the USA and across the world. But, then, most progressive Democrats demand to be slaves of and to exist solely for the purpose of serving the richest corporations and people on earth - their own lives totally irrelevant.

 

[Rich2018]

The consist of the last of the United States of America as the International Corporate-Fascist Democratic Party of the plutocrats furiously re-institute slavery in the USA and across the world. But, then, most progressive Democrats demand to be slaves of and to exist solely for the purpose of serving the richest corporations and people on earth - their own lives totally irrelevant.

And they're a bunch of rotters too.

 

[mrjurrs]

The Constitution expressly provides the States with the authority to enact its own Election Laws.

Did you know that when you put 'Constitution' and 'expressly says' together, you are saying you can put your finger on that text in the Constitution? Almost hate to ask, but where is your finger?