56

Amendment 10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Your question assumes a fundamental misconception of the nature of the USA. The USA is a federal country. The States are generally free to pass laws as they see fit, that includes ...


50

The rationalization stems from similar proclamations across multiple states against voter intimidation or vote-buying. Nobody should have the fact that they're stuck in a line be taken advantage-of by people trying to change who you're going to vote for. Georgia is already not allowed to have campaign posters, imagery, or even campaign t-shirts within 150 ...


48

The point is to make voting harder and, therefore, to discourage it. By preventing volunteers from giving out food and water to voters, it makes the wait to vote (which can stretch to hours in some places) more unpleasant and discourages voters who are less motivated from waiting it out. This is in keeping with the long-standing push from the US right to ...


42

In WWH v. Jackson the Court majority concludes that the Texas law is de facto immune to the power of judicial review, for entirely procedural reasons. They argue that the Court's power of injunction can only be applied to persons because non-person things don't take actions of their own and so cannot be made to stop taking actions... because they don't ever ...


37

US election laws are a mainly left up to the individual states because the Constitution delegates broad election-related powers to the states. The federal government can create certain election laws that all states must adhere to, however these laws are generally limited to only specific protections outlined by the Constitution. First off, according to the ...


33

You can find revenue breakdowns online, as this is generally all public information. It mainly only gets confusing depending on how the breakdown is done and the names given to them (e.g. sales tax, excise tax, ad valorem tax; are they all grouped together, or what?) Texas Here's some breakdowns of the 2004 state revenues. Approximately a third of their ...


21

Trump would need to achieve a result changing outcome in three of the following six states: NV, AZ, PA, MI, WI and GA. Some are more vulnerable to challenge than others by virtue of involving smaller margins of victory for Biden. (This assumes that no challenges of results for Trump are overturned or changed in favor of Biden. North Carolina is the only ...


20

I haven't come across supporters of the bill disclaiming the charge that the private enforcement clause is intended to evade immediate judicial review - the sponsor of the bill, Senator Bryan Hughes, is very open about having worked with attorney Jonathan F. Mitchell to write the bill, saying "I get to be the author of the bill, my name is on it, but we ...


20

Question: Why is avoidance of judicial review of the Texas abortion law and in the future to other US state laws so concerning to the US department of justice? What is the nature of this "greater, additional and further risk"? Quite simply, you could attack any right using the same system. That's the problem. Anything from supporting the Yankees ...


18

What is the rationale behind this restriction? The rationale given in S.B. 202 is: (13) The sanctity of the precinct was also brought into sharp focus in 2020, with many groups approaching electors while they waited in line. Protecting electors from improper interference, political pressure, or intimidation while waiting in line to vote is of paramount ...


17

By "single game of poker" the Journalist (who may not be a poker player) should have said "single poker hand". In other words, the cards are shuffled, five are dealt to each candidate (or their agent) and the better hand wins. There is no drawing of cards, and no betting so no skill. It is "wild west" and intentionally so. It ...


16

Well, to play devil's advocate here, von Spakovsky on the Heritage Foundation site says this: The polemical taunts are directed toward two of the bill’s provisions, one that extends the state’s decade-old ID requirement to absentee ballots, and another that attempts to prevent campaigns and party activists from trying to corruptly influence voters by ...


13

Back in the late 19th and early 20th centuries an assortment of citizens groups in the deep South — most notably the Ku Klux Klan — used intimidation, violence, and extrajudicial killings to enforce oppressive segregationist policies and deprive African Americans of their newly-won rights as citizens. Local and state governments turned a blind eye; African ...


11

Why is that in the constitution? As it turns out, it isn't. The constitution is silent on the treatment of tied votes for local elections, which may account for the mechanism used to resolve the 1988 mayoral race in Estancia, but it is explicit about statewide offices. Article V, Section 2: The returns of every election for state officers shall be sealed ...


11

It will vary case to case, but there's a number of available revenue streams for U.S. states that have no income taxes (personal, corporate, or both): Property taxes, as you suspect, are often higher but these are levied by municipalities and tend to make up for what would otherwise be funding flowing from the State-level government to the municipalities for ...


11

Answers and comments about article I,section 4 of the US constitution, as well as the tenth amendment are spot on for the implementation around how it works that states do this, but the other answers don’t mention an important point, in my view, around why: The general idea of representatives holding federal office in the US is mostly based on the idea that ...


10

I don't think the supporters of the law would necessarily disagree that the purpose was to limit abortions. It also remains to be seen if there's no legal way to challenge the law. To clear a few things up The law allows private citizens to file lawsuits against abortionists who abort a fetus with a heartbeat (~6 weeks of gestation) (laws with direct ...


10

One of the basic principles of American democracy is checks and balances, and central to this are three branches of government, legislative, judicial, and executive, that check each other's powers. The purpose of this bill is to produce a chilling effect on the provision of abortion, and while the actual lawsuits would have to go through the courts, at the ...


9

Why are American states permitted to vote their own election laws? Wouldn't it make more sense to only allow the federal government to vote their own election laws and then force the states to abide by those rules? Why are the states given the right to do so? I believe this is not so in other countries, so there must be a particular reason for this. At the ...


9

Under conventional wisdom, no, they can't. The certification deadline was Tuesday, 14 days of the election, by state law. Further, there's no apparatus I'm aware of by which they can rescind a vote that wasn't otherwise invalid (e.g. pressured illegally to vote a certain way), anyway. Even if they did rescind their votes, the state of Michigan would certify ...


8

States can pass whatever laws they wish (see Republican states with abortion bans), they're just subordinate to Federal law. In this case, it's a detente achieved through executive discretion. The Obama administration said it wouldn't seek to arrest users in states where it's legal The Obama administration said Thursday that it would not challenge laws ...


7

The idea isn't restriction of voting, but restricting something called electioneering Each state has some form of restriction on political activities near polling places when voting is taking place. These restrictions usually include limiting the display of signs, handing out campaign literature or soliciting votes within a pre-determined distance (...


6

Depending on what sorts of cases the backlog is comprised of: Decriminalize certain offenses, with effect retroactively. This would be followed by a slew of motions to dismiss which a judge could sit down and just rubber-stamp away. Drop charges. Similarly, prosecutors have what's called 'prosecutorial discretion' which allows them to simply choose to not ...


6

Judicial and law enforcement services are provided by Clark County. A private party can't operate those services. Paradise is also served by public school districts. A county government could provide the other services, but I have not been able to ascertain if it actually does so authoritatively. One source (which isn't particularly authoritative but does ...


5

According to the Associated Press, there are five lawsuits currently active that could potentially change the outcome of the election: A lawsuit seeking to block certification of the results in Georgia (Wood v. Raffensperger). A lawsuit seeking to block certification of the results in Michigan (Donald J. Trump for President, Inc. v. Benson). A lawsuit ...


5

An example of an administrative organization that involves more than one state is the Port Authority of New York and New Jersey. Of course, it has authority over a fairly narrow range of places and activities. It was authorized by Congress in 1921.


5

Yes and no. Interstate compacts do require federal approval, but in many cases approval is assumed unless explicitly stated otherwise. Most commonly these are to manage shared resources like lakes, rivers, oil, or forests. Other examples are related to education standards, tax regulations, or the several regional Covid pacts. Generally these pacts have no ...


5

The Constitutional argument that all state laws are subject to review by SCOTUS is the Supremacy Clause, which holds that the United States Constitution (and therefore its enforcers and interpreters) and the Federal law that descends from it, automatically overrule any law passed by a state, even that state's own Constitution. The legal principle in play is ...


4

The day after the Georgia governor signed the law, PBS Newshour correspondent Lisa Desjardins interviewed a spokesperson for the Georgia Secretary of State's office, which oversees elections: Lisa Desjardins: To discuss the new law, Gabriel Sterling is the chief operating officer of the Georgia secretary of state's office. He's a Republican. They basically ...


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