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7/9/2025, 7:16:02 PM
Now what about if a State Governor declared his voters had to declare loyalty to Spain while having voters accepting fines or imprisonment for being disloyal to Spain.
Such a scenario would violate multiple layers of U.S. constitutional law, rendering the governor's action legally void and potentially exposing them to federal consequences. Here's a breakdown of the key violations:
### **1. Supremacy Clause & Federal Preemption (Art. VI, Cl. 2)**
- **Foreign affairs are exclusively federal.** States **cannot** impose loyalty requirements to foreign nations—a power reserved to the federal government under *Zschernig v. Miller* (1968).
- **Preemption:** Federal laws (e.g., the Logan Act, immigration statutes) already regulate foreign allegiances. State laws conflicting with this framework are invalid.
### **2. Voting Rights Violations**
- **14th Amendment Equal Protection:** Conditioning voting rights on loyalty to Spain creates an **arbitrary barrier** unrelated to electoral integrity (*Harper v. Virginia Bd. of Elections*, 1966).
- **15th Amendment:** Penalizing "disloyal" voters could discriminate based on national origin or belief.
- **24th Amendment:** Effectively imposes a **poll tax** (via fines) for exercising the right to vote.
### **3. First Amendment Compelled Speech & Belief**
- **Compelled speech doctrine:** Forcing voters to swear loyalty to Spain violates the right **not** to speak (*Wooley v. Maynard*, 1971).
- **Freedom of belief:** Criminalizing "disloyalty" to a foreign nation punishes **thoughts**, not actions (*West Virginia Bd. of Ed. v. Barnette*, 1943).
- **Viewpoint discrimination:** Penalizing pro-Spain vs. anti-Spain views is unconstitutional (*R.A.V. v. City of St. Paul*, 1992).
Such a scenario would violate multiple layers of U.S. constitutional law, rendering the governor's action legally void and potentially exposing them to federal consequences. Here's a breakdown of the key violations:
### **1. Supremacy Clause & Federal Preemption (Art. VI, Cl. 2)**
- **Foreign affairs are exclusively federal.** States **cannot** impose loyalty requirements to foreign nations—a power reserved to the federal government under *Zschernig v. Miller* (1968).
- **Preemption:** Federal laws (e.g., the Logan Act, immigration statutes) already regulate foreign allegiances. State laws conflicting with this framework are invalid.
### **2. Voting Rights Violations**
- **14th Amendment Equal Protection:** Conditioning voting rights on loyalty to Spain creates an **arbitrary barrier** unrelated to electoral integrity (*Harper v. Virginia Bd. of Elections*, 1966).
- **15th Amendment:** Penalizing "disloyal" voters could discriminate based on national origin or belief.
- **24th Amendment:** Effectively imposes a **poll tax** (via fines) for exercising the right to vote.
### **3. First Amendment Compelled Speech & Belief**
- **Compelled speech doctrine:** Forcing voters to swear loyalty to Spain violates the right **not** to speak (*Wooley v. Maynard*, 1971).
- **Freedom of belief:** Criminalizing "disloyalty" to a foreign nation punishes **thoughts**, not actions (*West Virginia Bd. of Ed. v. Barnette*, 1943).
- **Viewpoint discrimination:** Penalizing pro-Spain vs. anti-Spain views is unconstitutional (*R.A.V. v. City of St. Paul*, 1992).
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