Do legislators have the power to require candidates for president and vice president to disclose their federal income tax returns in order to appear on a state’s ballot? Democratic lawmakers in New Jersey recently proposed such a bill, which has raised some interesting constitutional questions. In an article on Philly.com, Dean Vikram Amar shared his perspective.
"The bill, if enacted, would likely face a legal challenge, as would laws passed in other states," Amar said. "But it's hard to predict the outcome."
"While the Constitution gives the federal government power to regulate congressional elections, states are given a lot more leeway in presidential contests," he said.
Amar noted the U.S. Supreme Court's 2000 Bush v. Gore decision, in which several justices, considering the Florida legislature's move to pick electors itself, "didn't think that was out of bounds."
"Presidential elections are very decentralized," Amar said.
Full article at Philly.com