HR1 Flashcards
What can congress regulate with regards to elections and where does that language come from?
What aspects of HR1 are likely not included?
Time, manner, and place decided by state legislatures by congress has right to interpose.
Qualifications like felons voting
Automatic voter registration, same day, internet are probably qualifications and not methods.
HR1 interferes with states ability to ensure the _____ of their elections, which is a fundamental aspect of being _____.
What provision does this and how?
Integrity
Sovereign
Mandating that states accept sworn avidsvits instead of identification.
What is a more fundamental reason other than specific provisions that this flouts the constitution?
The founding fathers squarely rejected federal takeover of elections and said that it was reserved for serious abuses and as a last resort.
See federalist 59.
What two constitutional doctrines does HR1 violate.. how and why?
What arguments are there against this and why are they wrong?
Anti commandeering and anti coercion. It violates this by forcing states to administer through redistricting commissions and online regiemes.
Anti commandeering doesn’t apply because elections are domain of government. However, this wouldn’t apply because their power isn’t direct, it’s to preempt.