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Title: The Unconstitutionality of the Federal Ban on Noncitizen Voting and Congressionally Imposed Voter Qualifications
Authors: Mortellaro, Stephen E.
Keywords: Federal Ban on Noncitizen Voting
Issue Date: 2017
Publisher: Loyola University New Orleans College of Law
Citation: 63 Loy. L. Rev. 447
Abstract: Congress strikes at the core of state sovereignty when it disenfranchises voters. Yet demands for national disenfranchisement laws have become pervasive since the 2016 election, and Congress has a ready model: a federal statute prohibiting noncitizens from voting in federal elections. Despite upending centuries of state control over voter qualifications, this statute remains unchallenged in court and unexamined in academia; its constitutionality has been assumed. This Article challenges this assumption, arguing that the federal ban on noncitizen voting—along with every other voter qualification Congress imposes—unconstitutionally infringes state sovereignty.
ISSN: 0192-9720
Appears in Collections:Law Review

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