Michael Stein

11.7K posts

Michael Stein

Michael Stein

@mstein609

Retired SW engineer. Semiprofessional cellist. He/him (to drive the MAGAts crazy). @[email protected]

Arlington, VA Katılım Kasım 2012
43 Takip Edilen186 Takipçiler
Anthony
Anthony@myonlinetrust·
@mstein609 Maybe I misspoke. Is voting in federal elections a fundamental constitutional right?
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The🐰FOO
The🐰FOO@PolitiBunny·
Nope, still not a poll tax. :) I don't have to get any of those documents JUST to vote. Hope this finds its way into your tiny brain.
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust You said voting in federal elections isn't a fundamental constitutional right. But Harper says the franchise is a fundamental right or liberty (admittedly, without using the word "constitutional"). How do you reconcile your claim with the Harper language?
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny Are you saying this quote from Harper only applies to state elections? "Classifications which might impinge on >>fundamental rights and liberties -- such as the franchise<< -- must be closely scrutinized. P. 383 U. S. 670."
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Anthony
Anthony@myonlinetrust·
@mstein609 @PolitiBunny I’m not sure that least restrictive means are necessary, as voting in federal elections isn’t a fundamental constitutional right. (Although one might argue that all people, whether citizen or not, have a constitutional right to vote for senators, the court has not held as such.)
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny The state has an interest in voting integrity, but I'd argue for least restrictive means as in RFRA. As applied to Hobby Lobby, the Court held that the government could pay for contraception to protect HL's religious rights. So too for docs it demands. 2/end
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny Not Harper by itself, but: "Held: A State's conditioning of the right to vote on the payment of a >>fee<< or tax violates the Equal Protection Clause of the Fourteenth Amendment." Other decisions clarify this don't mean the government has to provide transportation costs, etc. 1/
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny It seems to matter whether that fee is charged by the government itself, and cannot be avoided by the would-be voter even in theory. You yourself pointed out that Harper was not based on the 24th Amendment.
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Anthony
Anthony@myonlinetrust·
@mstein609 @PolitiBunny Only fun under your interpretation that an incidental fee paid to meet a reasonable requirement is a tax.
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny If that new ID is the only thing acceptable for voting, then the driver's license is NOT acceptable ID for voting. But the hypothetical said a license WAS an acceptable identification. You really don't see the contradiction there?!
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny That would seem to be the case. Complication: person lives in state A, but was born in B. B demands a fee, but from its POV isn't charging for voting access, so is doing nothing wrong. A might be liable for B's fee. Or maybe the feds. Fun ahead!
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Anthony
Anthony@myonlinetrust·
@mstein609 @PolitiBunny To pay money to which government? Are you saying it would be the state that would be sued for the implementation of it?
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @QuantumFlux1964 @DrJohnEastman @TinPotPourri Has anyone ever litigated that? There are inconsistencies in different areas of law. If we apply Bruen reasoning to photo ID, since there was no photo ID requirement at the time the 14th Amendment was adopted, it lacks necessary historical precedent.
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Anthony
Anthony@myonlinetrust·
@mstein609 @PolitiBunny Why would people who already have an ID need a new one? I don’t see how “acceptable” is self-contradictory.
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny The fundamental question to my mind is whether the act will mean the only even theoretically possible way some people can register is to pay money to the government. Because it vaguely leaves it to the states to come up with alternate proofs, it will be case by case. 2/end
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny I explained the other way to read it: new to the person. And why. You haven't explained why my point about the word "acceptable" being self-contradictory under your interpretation is invalid. 1/
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny Again, not how I read the hypothetical. If you take "new" to mean a brand-new document everyone must purchase, then the documents mentioned as ones most people have would NOT be _acceptable_ voter ID. But that contradicts the hypothetical calling them acceptable!
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Anthony
Anthony@myonlinetrust·
@mstein609 @PolitiBunny The hypothetical was about people who did have a drivers license or other acceptable ID. Anyway, I see three names on the opinion. Do you really think those three names would strike down voter ID laws under the 14th Amendment?
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny Decision. But dissenters would pretty clearly have agreed on no fees; they considered even the non-fee burdens too much. Concurrers mentioned precedents' strict scrutiny on fees without explicitly saying they agreed with it. I read at least 6-3 for no fees.
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny So I take it as new to the voter who never had a driver's license or passport, not a new type of ID that all must have regardless of other government-issued photo ID they already possess. 2/end
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Michael Stein
Michael Stein@mstein609·
@myonlinetrust @PolitiBunny I don't take it that way, because it talks about most having acceptable (which I interpret as acceptable for the law, not "common sense" acceptable) ID. It immediately goes on to say that Indiana furnishes photo ID for free. 1/
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Michael Stein
Michael Stein@mstein609·
@QuantumFlux1964 @DrJohnEastman @TinPotPourri The text following what I quoted from the decision goes on to say that Indiana provides a photo ID for free, and how making a trip to get it is not a substantial burden. Not being willing to pay for a blue check, I left it out.
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Michael Stein
Michael Stein@mstein609·
@QuantumFlux1964 @DrJohnEastman @TinPotPourri I do not ignore it. Because it talks about "most" having "acceptable identification" I interpret "new" as meaning new to the voter who lacks any acceptable photo ID. Are you interpreting it as an entirely new type of ID that all voters, even those with passports, must get?
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