US District Court judge: Feds have no power to stop voter ID laws

njThe federal government has been fighting states that pass voter ID laws tooth and nail. But last week, a judge ruled the constitution is very clear that states and not the federal government is allowed to decide what qualifications a voter needs, unless it is unconstitutional, which he ruled voter ID laws are not.

In a victory for the GOP and for honest elections, an US District Court Judge Eric F Melgren, has ruled that the constitution grants states the right to set whatever requirement they wish on voting, provided it is constitutional.  He also cited a SCOTUS ruling last year that the EAC (Elections Assistance Commission) cannot refuse to add voter ID on their motor voter registrations.

“On one hand, the ITCA decision acknowledges the broad scope of Congress‘ power under the Elections Clause, which includes the authority of the NVRA to preempt state law regarding voter registration.  But the ITCA opinion also emphasizes the states’ exclusive constitutional authority to set voter qualifications — which Congress may not preempt — and appears to tie that authority with the power of the states to enforce their qualifications.”

In short, states have every right to make voters prove they are citizens, and Eric Holder has no right to stop them.  No doubt, he’ll continue to try.

The Times added:

Wednesday’s ruling was focused on election law, but it comes in the middle of a thorny national debate about U.S. immigration laws. A number of states have pushed for stricter enforcement from the Obama administration and the right to help enforce federal immigration principles.

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