Americans need to understand the franchise to make an effective argument about its integrity. The comments in social media and elsewhere indicate that we don’t.
The Constitution does not require voters to be citizens; the voter franchise – other than obstacles such as listed in the 14th Amendment – is left to the States in Art 1, Sec 4. Requiring citizenship for enfranchisement in national elections (Congress, president) would require an amendment; this amendment, to be effective, must include VoterID for national elections, and – more than likely – a national voter database, currently anathema to conservatives and libertarians. (And requiring it in State elections ought to remain the purview of the States.)
VoterID also is a State issue, also under Article 1, Section 4, with the only allowable federal interference delineated in the 14th Amendment, which provides for reducing the representation of a State should it limit the franchise in ways disallowed by 14A. A SCOTUS holding disallowing VoterID is outside the Enumerated Powers and properly should be ignored (as should holdings on abortion, marriage, bathrooms, etc., for the same reason).
The Enumeraed powers exist for a purpose: to limit the power of the federal government. These limitations have been ignored too long.
If the GOP leadership were interested in Constitutionally limited government rather than comity, with the huge & increasing majorities American voters have been giving them, America already would have returned to it. That Tenth Amendment legislation is not at the top of the GOP agenda today indicates the near-complete lack of interest the GOPe has in limited government under Constitutional Rule of Law
Legislative bandaids exist for 10A issues. As legislation, however, these can be overturned by future Congresses. Some, such as those as consequential as the franchise, must be amended in to the Constitution.
If the GOP, for example, were interested in ending abortion rather than using it only as a campaign fundraiser – which is their only use for the issue today – they’d outlaw it and remove it from the jurisdiction of the federal courts whose jurisdiction they define. Similarly they could remove gun legislation from federal jurisdiction, pass legislation that the Constitution’s Full Faith and Credit clause applies to all licenses issued by States, including CCW, and is not limited to marriage & driver licenses.
The refusal of the GOPe to pursue 10A enforcement now that we own all 3 federal branches and nearly all States only proves how cowardly, anti-Constitutional and Progressive they really are.
If the ArtV crowd understood that we have no Jeffersons or Madisons today, but that we already have the Constitution required, they’d work on amending it to change the Franchise, and on States to enforce 10A and the Enumerated Powers.
A governor, for example John Kasich, stating that SCOTUS has held on gay marriage so it now is the law of the land, is inexplicable for anyone familiar with the Constitution, and inexcusable for a Republican portraying himself as a supporter of limited government.
It is the rejection of Constitutional limitations on the power of both parties that has and will continue to damage the republic. Democrats respond to these limitations by ignoring them. Republicans respond by campaigning in support of them – and then ignoring them once in office.