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This is genuinely contested among legal scholars. Here's a balanced breakdown of both sides:
Constitutional Arguments Against (Critics)
1. States — not Congress — set voter qualifications The U.S. Constitution imposes no citizenship requirement for voting. By constitutional design, states are tasked with setting voter-eligibility requirements. The Supreme Court explicitly stated in Arizona v. Inter Tribal Council (2013) that nothing in the Constitution "lends itself to the view that voting qualifications in federal elections are to be set by Congress." The Elections Clause only grants Congress authority to regulate election procedures, not voter qualifications. Qt
2. Conflicts with existing Supreme Court precedent The bill overrides federal registration standards previously upheld in Arizona v. Inter Tribal Council, which ruled that states cannot require additional documentation beyond the federal form unless approved by the Election Assistance Commission. VxWorks6
3. Equal Protection (14th Amendment) The bill may disproportionately burden natural-born citizens without standard documentation, elderly, rural, Native American, and low-income individuals, and citizens born abroad or outside hospitals — raising concerns under Crawford v. Marion County (2008), which upheld ID laws only where the burden was minimal and exemptions existed. VxWorks6
4. Precedent of similar laws being struck down The SAVE Act echoes Kansas's proof-of-citizenship requirement, which purged over 30,000 eligible voters and was struck down in federal court. VxWorks6
Constitutional Arguments For (Supporters)
Supporters cite the Elections Clause and the Naturalization Clause as giving Congress authority to act here. They argue the National Voter Registration Act effectively prevents states from checking citizenship during registration, making the SAVE Act necessary to enforce existing law against noncitizen voting. Qt
What's Already Been Tested in Court
President Trump issued an executive order in March 2025 to require proof of citizenship, which the courts blocked as unconstitutional. Wind River That ruling is seen as a signal of how courts might treat the SAVE Act if it becomes law.
Bottom Line
The honest answer is it hasn't been definitively ruled on yet — it hasn't passed the Senate. Most independent legal scholars lean toward it being unconstitutional based on the Inter Tribal Council precedent, but supporters have a counterargument rooted in the Elections Clause. If it passes the Senate and is signed into law, it would almost certainly be immediately challenged in court and likely end up at the Supreme Court.
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