Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: AndyJackson

“we need to start preparing the American people that there is nothing illegitimate about this election taking additional days or weeks>>>>>>>

Zuck the F**k is a Bolshevik agitator.

Zuck is advocating the absence of judicial scrutiny of ballots.This is contrary to the law. Zuck’s position also would suppress the vote.

The US Constitution:

“The second area of important decisions involves the right to get to the ballot box and cast a vote. Again under the Fourteenth Amendment, the Supreme Court first began to recognize this right in the 1960s, in Harper v. Virginia Board of Elections (1966), Dunn v. Blumstein (1972) and many other cases, the Court decided that restrictions on who could vote would be subject to strict scrutiny, the most demanding judicial standard. Once this standard was announced, the Court quickly held unconstitutional virtually all restrictions on voting other than (1) citizenship; (2) residency in the jurisdiction; and (3) age under 18. To evaluate other regulations on the voting process, the Court in later cases, such as Burdick v. Takushi (1992) has created a two-part test that first requires courts to decide if a burden on the right to vote is “severe” or not. If it is, the regulation can survive only under strict scrutiny, which most regulations fail. But if the burden is not severe, the regulation is much more likely to be upheld. Most current constitutional controversies about regulations of the voting process take place under this Burdick framework and require courts to decide, first, whether a regulation imposes a severe burden on the right to vote.”

https://constitutioncenter.org/interactive-constitution/interpretation/amendment-xv/interps/141


152 posted on 09/08/2020 5:58:34 AM PDT by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Candor7

Thanks for the legal insights on this.


153 posted on 09/08/2020 6:08:03 AM PDT by AndyJackson
[ Post Reply | Private Reply | To 152 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson