Justice Department will review restrictive GOP voting laws

The Associated Press ^ | June 11, 2021 | By CHRISTINA A. CASSIDY and MICHAEL BALSAMO

[RedStateRocker]

We need the Kraken to be unleashed first. That’s going to happen Any Day Now.

[RedStateRocker]

Actually, believe it or not, there is nothing explicitly in the Constitution that limits voting to citizens.

In years past as many as 22 states and territories allowed aliens to vote in the 19th century.

There is absolutely no Constitutional way to prevent California, for example, from allowing non citizens to vote. Strange but true.

[Political Junkie Too]

I don't think it's as absolute as you suggest, but I do think it's murky and "has emanations from penumbras."

The Constitution begins with "We the People Of the United States" and everything else flows from there.

When the Constitution speaks of rights held by "the people," it is referring to We the People referenced in the first three words, or the citizens of the United States who drafted and ratified the Constitution. When it speaks of voting, it is referring to the votes of "We the People of the United States."

To be specific, there are only a few places where "voting" is mentioned explicitly in the Constitution:

1. When the Constitution was first ratified, the only voting by the people was for the House of Representatives; the Senate was appointed by state legislatures, and the legislatures selected the method of appointing Electors to the Electoral College. The Electors voted for the President.
2. When ratified, the Constitution speaks of "the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature." The "Electors" are voters who are voting for Representatives. If a state requires its legislature to be citizens, then the Constitution requires the voters for them to be citizens, too. The 17th amendment included this requirement for the election of Senators, too.
3. When ratified, the Constitution speaks of legislative votes by citizens who become members of Congress.
4. The 14th amendment contains punishment for denying the vote to citizens.
5. The 15th, 19th, 24th, and 26th amendments altered the right to vote of citizens.

I would say that in totality, it is presumed that only citizens can vote for Constitutional offices.

-PJ

[RedStateRocker]

Good points, thanks.

I’m just saying there is no explicit requirement and if California or Oregon decided to let non-citizens vote there would be little that could be done about it.

In the 19th century non citizens could vote in 22 states and territories! https://mises.org/wire/19th-century-non-citizens-us-could-vote-22-states-and-territories (there are numerous other links saying the same)

Obviously I don’t think it’s a good idea, but it seems to be up to the states.