This has become especially important considering the rush to amnesty and the ability of foreigners to get US driver licenses. Of course, most of our laws, if not all, proceed with the presumption that they’re applied to American citizens. Scalia’s agreement was based on the issue of a state not being able to change the requirement of an existing federal form.
The Supreme Court on Monday struck down an Arizona state law that requires people registering to vote in federal elections to show proof of citizenship.
In a 7-2 vote, the court said the voter registration provision of the 2004 state law, known as Proposition 200, was trumped by a federal law, the 1993 National Voter Registration Act.
The federal law requires prospective voters to provide one of several possible forms of identification, such as a driver’s license or a passport, but no proof of citizenship is needed. Would-be voters simply sign a statement saying they are citizens.
In the majority opinion, Justice Antonin Scalia said the state law was preempted by language in the federal statute saying that states must “accept and use” a federal registration form.
The state law ordered officials to reject the form if there was no accompanying proof of citizenship.
Scalia noted: Federal law “precludes Arizona from requiring a federal form applicant to submit information beyond that required by the form itself,” Justice Antonin Scalia wrote for the court’s majority.