Quote:
Originally Posted by Kevin
As for Mysticat's argument that those advocating for this have the burden, isn't it true that we presume things flowing from the legislative process to be constitutional? Isn't it then the other way around--that either the opponents have to show that this requirement conflicts with the 24th Amendment or is in somehow in violation of equal protection?
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As a general rule, yes. Statutes are generally presumed to be constitutional. But any legislature considering a law like this should surely think ahead to the lawsuit that will come.
If a law burdens a "fundamental" or "core" right -- and the right to vote typically is found to fit that bill, so it seems at least reasonable to predict that a court might find that it does so here -- then the presumption of constitutionality is lost, and the statute will only be upheld if the government can show that it is narrowly tailored to serve a compelling governmental interest. That's where the rubber would hit the road on needing to show that there actually is a problem and that voter ID will address that problem and goes no further than necessary to address that problem.