Re: VotersUnite Proposals for new Holt Legislation

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

Kurt,

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.

Cheers,

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. "
>
><http://www.foundingfathers.info/federalistpapers/fedindex.htm>http://www.foundingfathers.info/federalistpapers/fedindex.htm
>
>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.
>
>--
>Kurt
>>On 11/24/06,
>><mailto:ovc-discuss-request@listman.sonic.net>ovc-discuss-request@listman.sonic.net
>>
>>
>>Date: Thu, 23 Nov 2006 14:03:13 -0800
>>From: Danny Swarzman <<mailto:danny@stowlake.com>danny@stowlake.com>
>>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?

_______________________________________________
OVC-discuss mailing list
OVC-discuss@listman.sonic.net
http://lists.sonic.net/mailman/listinfo/ovc-discuss

==================================================================
= The content of this message, with the exception of any external
= quotations under fair use, are released to the Public Domain
==================================================================
Received on Thu Nov 30 23:17:15 2006

This archive was generated by hypermail 2.1.8 : Thu Nov 30 2006 - 23:17:19 CST