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View Diary: The GOP's lose-lose dilemma on immigration (107 comments)

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  •  13th-14th amendment problem (0+ / 0-)

    constitution gives the same rights to persons "born or naturalized" -- except running for President.

    In the 1930s, there wasn't as robust a tradition of legal challenges to voting rights infringements. I think today there'd be a federal court injunction in a heartbeat.

    •  Voting rights aren't a part of US citizenship (0+ / 0-)

      The simplest way to see that, is that it was thought that we needed the 15th, that the 14th's grant of US citizenship and all its privileges and immunities to all persons born or naturalized in the US, was not thought to cover the franchise.  That needed the 15th, and the 15th did not extend the franchise to all citizens, it merely prohibited states from exercising their control over who gets to vote to deny the franchise on the basis of race, color, or previous condition of servitude.

      A state could still have a property qualification for voting after the 14th, as the 15th didn't prohibit discrimination based on wealth.  That property qualification isn't an abridgment of citizenship, it's merely a qualification a citizen must possess in addition to being a ctiizen before he or she is allowed to perform the function of voting.  A state can demand the proof of visual ability up to a certain standard as a qualification for driving, and it does not thereby abridge a privilege or immunity of the blind citizen it refuses the driver's license to.

      A state could not have a prohibition on naturalized citizens voting if that ban were judged to be actually a ban on certain ethnic groups voting.  That's more likely to be the legal difficulty that the old RI denial of the franchise to immigrants would face more recently than 1932.  Well, more recently than 1932, right up to the Roberts court.  That doesn't seem such a sure bet now, that the Court would see racial animus in a ban on naturalized citizens voting.

      The steeper barrier would be public opinion.  I think that's the main reason we won't see an overt ban on immigrants voting, or an overt property qualification.  But I'm not so sure the other side couldn't come up with rationalizations and cover stories that would float an effective property qualification past the courts and past public opinion.

      We should have destroyed the presidency before Obama took office. Too late now.

      by gtomkins on Thu Dec 13, 2012 at 10:25:25 PM PST

      [ Parent ]

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