• 0 Posts
  • 773 Comments
Joined 2 years ago
cake
Cake day: June 15th, 2023

help-circle










  • No. In my state you cannot unless you pay for the classes , fingerprinting and background checks , etc…

    That’s sounds like, yes, with extra steps. I understand not liking the extra steps, but they aren’t unconstitutional.

    Now if there was no cost and those were required, I wouldn’t say a word. I hope my point is a bit clearer

    Your point is clear, but not supported by the Constitution. Taxes and fees, by themselves, aren’t prohibition of freedom. Poll taxes are, as they are specifically called out as outlawed by the Constitution.




  • It always seems to me that this wouldn’t be such a big problem if the US had a working bureaucracy.

    As a European I have no expectation you’d had this nugget of US history, but I can fill in the gap. After slavery was outlawed in the entire USA in the 1850s (post civil war) racist bigots enacted laws preventing black Americans from using their newly gained Constitutional rights. There were lots of examples of this. In many of the southern state local leaders instituted poll taxes, which was a required fee that someone would have to pay before being able to vote, but these same laws gave exemptions to anyone whose grandfather had voted in a prior election. Because whites had a long history of voting they were exempt from these taxes. Because newly freed slaves whose grandfathers had not been allowed to vote hadn’t, the poll tax applied only to blacks. This disenfranchisement was deliberate on the part of white leaders with the intent to suppress black voting.

    This is obviously fairly fucked up way to run a country, so the people of the USA passed an amendment to the US Constitution banning poll taxes on everyone. This is the 24th Amendment (passed in 1964). Better late than never.

    So this new requirement on married women to pay at least $30 to get a passport card is a de facto poll tax which is outlawed by our Constitution (24th Amendment) also because it violates the 19th Amendment (the one that gave women the right to vote) as this law specifically targets married women (and not married men).





  • They could do that but besides still being shitty, it may not satisfy the 19th Amendment. The text of the Amendment read:

    • The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

    source

    Making married women jump through the arduous hoops of obtaining a passport card (and indirect costs associated with it such as postage and photography costs) could still be possibly considered “abridged” in violation of this Constitutional Amendment. This is especially true when this new bill effectively singles out married women. Married men don’t have to do any of this so it could also still be a violation on the “on account of sex” portion of the Amendment.