Federalism, Elections, Preemption, and Supremacy: The Aftermath of Inter Tribal Council
33 MISS. C. L. REV. 235 (2014). Mississippi College Law Review. (Symposium Issue Reexamining The Voting Rights Act: Where Is Our Nation after Shelby County v. Holder?)
31 Pages Posted: 28 Jan 2015 Last revised: 30 Jul 2021
Date Written: October 29, 2014
This Note examines Arizona v. Inter Tribal Council, a recent United States Supreme Court case dealing with the constitutionality of an Arizona voter identification law. The law required Arizona election officials to reject any application to register to vote that was not accompanied by satisfactory evidence of United States citizenship. The Supreme Court held that Arizona's law conflicted with, and was therefore preempted by, the National Voter Registration Act, but was quick to acknowledge States' rights in the area of elections. Inter Tribal raises interesting issues regarding the extent of federal and state power regarding elections, as well as the Elections Clause and the Supremacy Clause. This case is not limited to Arizona. Rather, Inter Tribal will prove to shape elections, as well as voting rights and procedures nationwide in the immediate future.
Keywords: Federalism, Elections, Elections Clause, Preemption, Supremacy Clause, Voting, Voting rights, Voter ID laws, Constitutional Law, U.S. Constitution
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