primary responsibility is interpreting the Constitution, not creating election policy.
Many constitutional scholars argue that election rules are generally established through:
- State legislatures
- Congress
- State constitutions
- Election administrators
The Supreme Court typically becomes involved only when a law is challenged as unconstitutional.
This raises an important question:
Should the Court actively mandate a nationwide voter ID requirement, or should such a policy come through legislation?
Critics of judicial mandates argue that creating nationwide election standards is more appropriately the responsibility of Congress.
Supporters, however, may contend that the Court has