It’s astounding to me that the attorney general of the United States would claim state voter ID requirements are unconstitutional,” John Eastman told us; he’s a professor of law at Chapman University School of Law. He said such ID checks already passed constitutional muster in the 2008 U.S. Supreme Court decision, Crawford vs. Marion County Election Board.
And as to the federal government registering voters, Eastman pointed to Article 2, Section 1, of the Constitution. It grants to the states, “in such manner as the Legislature thereof may direct,” the appointment of electors to the Electoral College that chooses the president. By implication, states also have control over other elections.
Constitutional amendments and voting rights laws do prevent discrimination based on race, age (18 or older) and sex. “But that doesn’t prevent other requirements the states might impose,” Eastman said, such as hours of voting. “It appears that the attorney general isn’t aware of that, unless he’s preparing a constitutional amendment, which I haven’t heard him say.”
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