Noncitizen voting is not a federal crime, according to a federal judge who threw out the case against a woman charged with voting as a noncitizen in 2020. His reasoning: the Constitution leaves voter qualifications to the states, so the 1996 federal ban goes beyond what Congress may do. Cleta Mitchell, founder and chairman of the Election Integrity Network, has a shorter description for it: tyrants in black robes who think they are the legislators.
Mitchell explains what the states have historically decided, which is felon voting, mental competency and voting age, and what the Constitution itself recognizes, which is citizenship. She counts the 18 states that have written citizenship into their constitutions and the four she expects to vote on it this November. Then Jenny Beth Martin goes back to the case that started the SAVE America Act: the Supreme Court's 2013 Arizona ruling, which told Arizona to accept the federal registration form with its checkbox instead of proof of citizenship. The Court treated that federal law as supreme; it never said Congress lacked the power to write it. That is why Arizona has a bifurcated ballot today, and why Mitchell says the new ruling contradicts what the Court already decided.
Guest: Cleta Mitchell, Founder and Chairman, Election Integrity Network
In this segment:
• The ruling: Congress cannot make noncitizen voting a crime
• What the states decide, and what the Constitution recognizes
• Eighteen states with citizenship in their constitutions, four voting this November
• Judges severed from black letter law
• The 2013 Arizona case, the federal form, and the bifurcated ballot
• Why the Court's own precedent cuts against the new ruling
• Poor Arizona: 22 years waiting for proof of citizenship
The Supreme Court hears the Arizona case on December 8. Stand with Tea Party Patriots Action outside the Court; sign up at onlycitizensvotedc.com. Call 202-224-3121 and ask your senators to pass the SAVE America Act.
Subscribe for daily analysis from Tea Party Patriots Action, and watch the full hour with Cleta Mitchell on The Jenny Beth Show channel.
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00:00 — A federal judge rules Congress cannot make noncitizen voting a crime
00:21 — Tyrants in black robes
00:48 — What the states decide, and what the Constitution recognizes
01:39 — Eighteen states with citizenship in their constitutions, four voting this November
02:13 — Judges severed from black letter law
02:35 — Why the SAVE America Act exists: the 2013 Arizona ruling
03:39 — Arizona's proposition, the federal form, and the bifurcated ballot
04:48 — Contrary to what the Court already decided
05:01 — 2013 explained: Arizona's instructions and the dissent
05:44 — Poor Arizona: 22 years waiting
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