Quote:
Originally Posted by fizzy94
i can't remember any specific clause in the constitution that specifically says compulsory voting is unconstitutional.
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Two cases interpreting congressional power to alter the manner of
federal elections are relevant to the question of whether Congress has the
power to install compulsory voting. The first is United States v. Classic.
Effectively shutting the door on arguments that states have exclusive
authority to determine the manner of voting, Classic noted that a state’s
general power to determine how federal elections are conducted extends
only to the point that Congress has legislated otherwise.
Classic therefore stands for the proposition that federal legislation mandating
compulsory voting would supercede contradictory state legislation, were it
to exist. The second case discussing Congress’ power to change federal
election procedures is Oregon v. Mitchell.
In Mitchell, Justice Stewart relied heavily on the Necessary and Proper Clause to support the power of
Congress to determine the manner of federal elections.
Writes Stewart: “Congress brings to the protection and facilitation of the exercise of
privileges of United States citizenship all of its power under the Necessary
and Proper Clause.”
The only way to make this type of law unconstitutional, would be to make an amendment. Because people NOT voting is not a good enough reason for congress to use the Necessary and Proper Clause