Re: Re: Emergency Measures To Protect The 2004 Vote Count (EM2004)

From: David Weintraub <david_at_weintraubworld_dot_net>
Date: Fri Sep 10 2004 - 17:15:32 CDT

The Constitution allows Congress to regulate state election laws.
Article 4, Section 1 definitely gives the federal government this
right. This is why Congress was able to pass the Motor Voter law and
the 1964 Voter Rights section of the Civil Rights act.

Tradition has the states do the bulk of the election regulation since
almost all elections take place on the state level. Plus, states do
have a right under the Constitution to say who may vote which would
make detailed federal election regulations almost impossible to write.
This power to the states is granted under Article 1, Section 2. Article
2, Section 1, Clause 2, and the 17th amendment, Clause 1. Congress can
only act in this case if there is a civil rights issue involved.

On Sep 10, 2004, at 10:34 AM, David Mertz wrote:

> "Ellen Theisen" <ellent@olympus.net> wrote:
> |Of course, it has to be mandated on the federal level to supersede
> |various state laws...I believe there is Constitutional justification
>
> I for one DO NOT believe such a Federal law is constitutionally
> permissible. But maybe I'm wrong; I'm no lawyer, let alone a
> constitutional lawyer. But I'm sure as heck certain I'm not alone in
> this opinion.
>
> Let's say ONLY 20 states decide to challenge this law under a
> states-rights motive. I doubt it would be that few, but hope spring
> eternal. How do you see 20 Federal court cases (almost certainly with
> varying
> precise arguments, and hundreds of amicae briefs) getting wound up by
> November, and the new procedures paid for an implemented?
>
>

=======================================
Well, I've wrestled with reality for 35 years, doctor,
and I'm happy to state I finally won out over it."
-- Elwood P. Dowd
=======================================

David Weintraub
david@weintraubworld.net
david@weintraub.name
==================================================================
= The content of this message, with the exception of any external
= quotations under fair use, are released to the Public Domain
==================================================================
Received on Thu Sep 30 23:17:05 2004

This archive was generated by hypermail 2.1.8 : Thu Sep 30 2004 - 23:17:11 CDT