Re: VotersUnite Proposals for new Holt Legislation

From: Jerry Lobdill <lobdillj_at_charter_dot_net>
Date: Tue Nov 28 2006 - 09:17:12 CST


It's not obvious to me that Article 1, section 4 doesn't mean exactly
what it says regardless of what Hamilton said in Federalist #59. I
would suppose that this issue could be appropriate for a SC case, but
I'm not a lawyer.


Jerry Lobdill

At 10:06 PM 11/27/2006, Kurt wrote:

>There's a big difference between "Congress may" in Article I,
>Section 4 and "Congress shall have the power to" in Article I,
>Section 8. If it were the intent for Congress to have the power to
>run elections nation-wide on a permanent basis, it would have been
>listed among those grants of power listed in Section 8. The intent
>of when "Congress may" alter or write in Section 4 is explained in
>Federalist Paper #59 by Alexander Hamilton. Check the third paragraph:
>"they have reserved to the national authority a right to interpose,
>whenever extraordinary circumstances might render that interposition
>necessary to its safety. "
>If the "Congress may" clause had been a permanent grant of power to
>Congress not requiring extraordinary circumstances, Amendments 14
>(in part), 19, 24, and 26 would not have been necessary.
>>On 11/24/06,
>>Date: Thu, 23 Nov 2006 14:03:13 -0800
>>From: Danny Swarzman <<>>
>>Subject: Re: [OVC-discuss] VotersUnite Proposals for new Holt Legislation
>>Article 1 Section 4
>>The Times, Places and Manner of holding Elections for Senators and
>>Representatives, shall be prescribed in each State by the Legislature
>>thereof; but the Congress may at any time by Law make or alter such
>>Regulations, except as to the Place of Chusing Senators.
>>Doesn't this mean that the Congress has the power to mandate anything
>>it wants?

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