Does Congress Have the Power to Ban Non-Citizen Voting?

The Administration's request for emergency relief with respect to its proposed regulations on mail-in voting raises complex issues that cannot be decided on the papers. The Court should hear argument and get full briefing, which in practice means that the rules probably cannot be implemented this year.For example, the Executive Order at issue in the current litigation starts out by saying: "The right to vote in Federal elections is reserved exclusively for citizens of the United States under the Constitution and Federal law." This is a contestable proposition. The Constitution does not set forth a rule that only US citizens can vote. Section 2 of the Fourteenth Amendment implies only that states can ban aliens from voting. Before and after the Fourteenth Amendment's ratification, some states did permit some aliens to vote. If the Constitution reserves that question for the states, then I'm not sure if Congress can make it illegal for non-citizens to vote, which is part of the…