VoterID is an issue Trump can – and should – address immediately. As long as the Left is angry, let’s give them something to be angry about, and get it out of the way before we get any closer to the mid-terms than January 20, 2017.
The Constitution is crystal clear about voting:
The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the legislature thereof; but the Congress may at any time by Law make or alter such regulations, except as to the Places of choosing Senators. –Article 1, Section 4
(The Constitution did not anticipate popular elections for the president, but this applies to that office now, as well.)
When creating the federal government and granting it specific, enumerated powers, in no place did the States grant the federal government, including SCOTUS – a part of that federal government – any role in the “manner” of elections. Voter ID is within “the manner” of elections.
The 14th Amendment provides to the federal government a redress should the right to vote be denied to an enfranchised voter (non-citizens & dead people are not enfranchised, nor is anyone enfranchised multiple times). That redress is that “the basis of representation therein shall be reduced” (eg House seats can be taken away). In no other part of the Constitution is any part of the federal government provided the authority to decide or hold on the manner in which State legislators decide elections will be held in their States, absent the passage into law of specific legislation by Congress, which has not occurred.
SCOTUS is a creature of the federal government and is allowed the same Enumerated Powers – and no more. SCOTUS has zero Constitutional role regarding VoterID. SCOTUS cannot arrogate to themselves this power, nor can governors grant it to SCOTUS de-facto by following holdings that SCOTUS lacks the authority to make.
America could return full enfranchisement to our citizens, stop States from diluting the votes of their citizens with votes from non-citizens, un-enfranchised and dead people, and multiple voters, and return to voting under the Rule of Law, were Trump, in his inaugural, to state:
The Constitution clearly provides the States the authority to decide the manner of voting of the citizens within their States. The Constitution does not provide any State with the authority to enfranchise non-citizens. The Constitution provides no part of the federal government, including the Supreme Court, a say in whether a State, any State, chooses to require VoterID. Congress can alter some portions of the “manner” of voting, should they choose to do so, which they have not. The 14th Amendment provides redress to the nation should a State unconstitutionally expand their franchise to include non-citizen or multiple voters, and that redress is to reduce their representation in the House of Representatives. The role of the president is to “take care that the laws be faithfully executed.” We will do exactly that. My administration will be pursuing investigations of illegal voting, including in Motor-Voter states such as California, and be reducing their representation in Congress, per the Constitution, should any be found.
That’s all it would take. No Executive Order. No legislation. No Amendment.
Just a simple statement by the Constitutional officer entrusted to “take care that the laws be faithfully executed” that he is going to do exactly that.
America HAS the laws we need to return to Constitutional government. We just need – mostly – governors to enforce them. The States are the superior partners in our government, and it is past time for governors to recognize – and act – on that fact.