H1/S1, the “For the People Act”, is actually the “For the Democrats Act”. It would codify the Democrats’ enthusiasm for mass producing votes, real or imagined. But regardless, the thing is unconstitutional. It would make a shambles of the US Constitution’s Article 1, Sec. 4, Cl. 1. The Clause reads:
“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but Congress may at any time make or alter such Regulations, except as to the Place of chusing [sic] Senators.”
According to the Democrats’ wild reading of the Constitution, the clause behind the semi-colon eliminates the one in front. But why would Madison and company bother writing “shall be prescribed in each State by the Legislature” if Pelosi and Schumer could erase it with the “make or alter” in the secondary part of the sentence? That’s certainly what H1/S1 does. It’s a federal takeover of all elections in the country. Here’s how:
It effectually repeals a state’s voter ID laws.
It lacerates a state’s registration requirements. It commands same-day registration for all states which would make it impossible to validate a voter before they vote as the thing is then allowed to untraceably flow into the river of votes to the counting center. It decrees automatic registration from government databases (DMV) which ropes in the eligible with the ineligible. States would be required to allow the registration of 16 and 17-year-olds. What would stop them from voting since the ID laws were emasculated? If that isn’t enough, a state’s laws to clean up the registration lists would be repealed through a variety of petty and self-serving legalisms.
The act of voting according to a state’s laws would be altered beyond recognition. Mail-in voting with ballots shot-gunned to the wind would be the new norm coast to coast, all of it with no validation of a signature or anything else for that matter. Ballots can be dropped off anywhere, any precinct, and by anyone. Combined with the rest of the loosey-goosey provisions, who know who’s voting and from where? To boot, party activists are empowered to sweep the area to collect the things (ballot harvesting). No potential for fraud there?
Election Day becomes a minimum of Election Two Weeks+1 by federal edict. People get a chance to vote before they know all the issues, like a presidential candidate’s son engaging in influence-peddling that also implicates the presidential candidate. The idea is to get votes in the bank before the digging can expose the candidate as a scoundrel.
The First Amendment would be under permanent siege with provisions criminalizing political speech. George Soros’s and Biden’s lefty DA’s would have a field day going after anyone who dared to stand athwart their vision of the “right side of history” – reminiscent of Lenin’s “ground down by the wheels of history”.
Congressional redistricting, a clear power of the states (Art. 1, Sec.2), would be rendered moot by the bill’s order for every state to have unelected redistricting commissions. Once again, another slice of the Constitution is made silent by narrowly partisan congressional gamesmanship.
Now this is real chutzpah: the bill would restrict the power of the Court to hear suits against the bill. They aren’t happy with silencing opposition. They desire to muzzle the Court.
Simply put, this rotten fish wouldn’t pass legal muster. In today’s Court, judicial review can’t be repealed when fundamental federalism and personal rights are being flattened. Here’s a list of Court precedents that are steamrolled by the monstrosity:
NAACP v. Alabama: The concomitant intimidation against opposition political groups in the bill’s disclosure requirements violates NAACP’s key finding that a group’s associational rights are protected by the 14th Amendment.
Citizens United v. FEC: Political groups have First Amendment protections to shield them harassment.
Allen v. Cooper, Board of Trustees of the University of Alabama v. Garrett, City of Boerne v. Flores, Cutter v. Wilkinson: All concern the “congruence and proportionality” standard. The rule sates that a federal statute can’t be overly broad when it crosses into the states’ constitutional powers and must be tailored to specific ends that are validated by heavy evidentiary findings. By any stretch of the imagination, H1/S1 doesn’t cut it. Pelosi rushed this thing through without much of a hearing back in 2019, only to bring the thing back again in 2021 now that Schumer, at least nominally, is calling the shots in the Senate. The atrocity is ripe for the Court’s guillotine in spite of their best efforts at garroting the Court.
Senate Republicans stepped into the breach. They aborted the thing before the Court would have to do a later-term version of the act, to borrow the lingo from the long-simmering abortion debate.
RogerG
*Source: https://www.heritage.org/election-integrity/report/the-facts-about-hr-1-the-the-people-act-2021
*Source: https://thefederalist.com/2021/06/07/even-if-congress-pretends-h-r-1-is-constitutional-the-supreme-court-cant/
*Also on my Facebook page.