United States Constitution and Voluntary Income Tax

Correct:Short 2 N/AEssay 4 N/AGrade Details - All Questions1. Question :
TCO B. Infuriated when Harry Reid is re-elected during the 2010 fall election, the Republicans in Congress decide to take matters into their own hands. In 2011, the House of Representatives passes a new "Freedom isn 't Free Act" that requires that anyone who wants to vote in the 2012 presidential election must prove that they paid at least $200 in federal income tax in the past year, including people aged 18 (who typically are deducted on their parents ' returns and do not pay income tax). Anyone who received the "earned income credit" is barred from voting unless they return the payment from the government. Proof of payment of the tax can be made by showing a copy of the prior year 's W2, a copy of the prior year 's tax return, or a signed statement from the IRS stating that the payment of more than $200 in federal income tax has been made. Citizens who do not pay taxes can still vote if they donate $200.00 to the federal government as voluntary income tax and get a statement from the IRS that they have done so. The law sunsets on December 31, 2012. List two bases under which someone impacted by this law could argue to have the law overturned.
Student Answer: I think the strongest defense to this law can be found in The United States Constitution, in Article VI, section 3, which clearly prohibits the denial to anyone to vote based on several key points. Specifically, the Voting Rights act of 1965 and the 24th amendment has provided that no voting right shall be denied for failure to pay a poll or tax to the federal government. What the Republicans are trying to do clearly violates the 24th Amendment of the Constitution, and is therefore a strong defense against such an activity. Section 1 of the 24th Amendment of the Constitution states that the right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax. The Fifth and Fourteenth Amendments require that the federal government and the states observe due process when they deprive a person of life, liberty, or property. Due process has both procedural and substantive meanings. Substantive due process attacks on such regulation can be carried out in this case. References: http://americanhistory.about.com/od/usconstitution/a/24th-Amendment.htmInstructor Explanation: Students will get credit for listing any of these two: unconstitutional, equal protection, violation of 24th Amendment, "unlawful poll tax," violation of the 14th Amendment, discrimination, First Amendment. 7.5 points each. If any student lists cases that are listed as precedent in the following case that explains this, this also gives credit. If a student lists the actual Harper v. Virginia Board of Elections, then that also counts.

References: http://americanhistory.about.com/od/usconstitution/a/24th-Amendment.htmInstructor Explanation: Students will get credit for listing any of these two: unconstitutional, equal protection, violation of 24th Amendment, "unlawful poll tax," violation of the 14th Amendment, discrimination, First Amendment. 7.5 points each. If any student lists cases that are listed as precedent in the following case that explains this, this also gives credit. If a student lists the actual Harper v. Virginia Board of Elections, then that also counts.