This week, the national media is looking at the battle in the Senate for passage of two voting rights bills that seem to be the only thing between democracy and tyranny by a lawless mob that have hijacked numerous state legislatures with the goal of establishing permanent minority rule. Rather than address the big picture, the media, as usual, is fixated on personalities and horse races. There is a fundamental point that may have been mentioned obliquely in the media, but it does not receive the central attention it deserves.
Numerous Republican-controlled states are passing all sorts of laws to restrict voting and deconstruct reliable counting systems. Not only does this establish minority rule in those states, it also allows that same minority of Americans to tip the national elections to their minority. The major media, as usual, are using their best both-siderism skills to frame this struggle as if both sides have an equal claim. That is false to the very core.
The Constitution unambiguously gives the Federal government complete control over the national elections. The states might have a Constitutional basis for running sham elections for their state offices, but Congress has ultimate authority over any and all elections to Federal offices.
This is a very important point. When we don’t make that point, it almost sounds like a“He says, She says” thing. As in, “The Congress might have some opinions, but we run our own elections in our state, so Washington can go take a hike.”
No. That is wrong. It is unconstitutional, and we must make this a central part of every discussion on voting. Here is the Constitutional basis:
Article I, Section 4, Clause 1:
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 Places of chusing Senators.
Notice this says the Congress may make laws and regulations governing how all Senate and Congressional seats are elected, with the only exception being the place of choosing Senators This exception arose because originally, Senators might have been hand-picked by Governors or legislatures. But of course that was all changed in 1913 with the 17th Amendment.
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
After the 17th amendment, we have all Senators and Representatives elected by the people with the Federal Congress unambiguously empowered to define how these elections shall be conducted.
The Presidential and VP elections were not mentioned here because we have that dysfunctional, anti-democratic Electoral College, and extensive language elsewhere about that. But as a practical matter, Senators, Representatives, POTUS and VP are all chosen through the same elections on the same ballots, counted by the same machines and administered by the same staffs, so any regulations governing the Congressional elections would effectively cover the POTUS and VP elections as well.
The point here is that EVERY discussion about voting rights should begin with:
“The Constitution gives Congress the exclusive power to regulate elections to the House and Senate. The states have no rights to set any rules here. The present voting rights bills amount to Congress simply carrying out its its Constitutional responsibility to regulate elections to Federal offices. The various laws passed in the states have no Constitutional basis with regard to elections to Federal offices.”