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Print this article Senate Majority Leader Chuck Schumer (D-NY), joined by Sen. Amy Klobuchar (D-MN) and Sen. Jeff Merkley (D-OR), holds a news conference to announce the “For the People Act” at the U.S. Capitol in Washington, D.C., March 17, 2021.
(Jonathan Ernst/Reuters) In other forms, parts of the Democrats’ election bill have already been struck down in the courts. But Democrats are proceeding anyway.
The Senate Rules Committee has marked up S.1, the omnibus elections bill, after wrangling over such topics as whether states should be forced to re-enfranchise murderers (sure!) and perpetrators of crimes against children (no, not them). It’s too bad the majority Democrats didn’t spend more time confronting an issue they’ve managed to evade: Should the bill get through, how many of its provisions would the courts find unconstitutional? The answer is: a whole lot.
The Senate Rules Committee has marked up S.1, the omnibus elections bill, after wrangling over such topics as whether states should be forced to re‐enfranchise murderers (sure!) and perpetrators of crimes against children (no, not them). It’s too bad the majority Democrats didn’t spend more time confronting an issue they’ve managed to evade: Should the bill get through, how many of its provisions would the courts find unconstitutional? The answer is: a whole lot.
Indeed, the pretentiously named “For The People Act” fairly bristles with provisions at odds with our nation’s founding document. There are free‐speech violations, about which ACLU officials have expressed alarm. There are separation‐of‐powers problems. There’s plenty of federalism‐mangling. For those who prefer the more arcane, there are likely Electors Clause and Qualifications Clause violations.