Would SCOTUS scrap HR1 if enacted into law? (user search)
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  Would SCOTUS scrap HR1 if enacted into law? (search mode)
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Author Topic: Would SCOTUS scrap HR1 if enacted into law?  (Read 2504 times)
ibagli
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Posts: 488
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« on: April 08, 2021, 07:11:40 AM »
« edited: April 08, 2021, 07:14:53 AM by ibagli »

One of the interesting ones will be the For the People Act's requirement that people who are on parole and probation should be allowed to vote in federal elections. Congress has significant power over federal elections and that should be enforceable, but it'll create absurdities in states like Texas where people on parole or probation are barred from voting.

The oddity of the Congressional power to expand the franchise for federal elections only is that exactly one Supreme Court justice agreed with that when it came before the court (over a federal law requiring states to allow 18 year olds to vote). The other eight were equally divided over whether Congress couldn't do it at all or could do it for every election, so the weird middle ground that blatantly contradicts Article I, Section 2 and the 17th Amendment was the opinion of the court.
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