As Republicans in swing states seem to be dedicated to winning elections by keeping Democrats from voting rather than persuading people to vote Republicans, Democrats in Congress are pushing the “For the People Act.”  Some of the provisions in this Act will prevent states from suppressing the vote in federal elections.  The House version has already passed and it seems that Senate version may be the bill that forces a showdown over the future of the filibuster.

One of the critiques that the conservative media establishment has made of this bill is that it involves a takeover of elections by Congress.  This critique, however, ignores the plain language of the Constitution.  Congress has full authority over elections to Congress.  Specifically, Article I, Section 4 permits the states to make laws about congressional elections but it expressly grants authority to Congress to “at any time by law make or alter such regulations” as the states have enacted.  However, Congress has, for the most part, opted against fully using its authority because it hasn’t felt the need to do so.

In explaining the need for this power, the authors of The Federalist Papers noted that, without this Congressional power, state governments would be able to frustrate the federal government by simply failing to hold elections.  And we are currently seeing, in real time, an example of what state control over elections can mean for Congress. Continue Reading...