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Noah Khalid: Elections Clause

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The Elections Clause is in the United States Constitution, specifically Article I, Section 4, Clause 1. The motivation behind the Elections Clause was to establish a balance of power between the federal government and the states in regulating elections for members of Congress. The founding fathers of the Constitution sought to create a system that would ensure fair and consistent elections while preventing abuses and potential corruption.

The Elections Clause is a constitutional ‘provision’ that gives states the primary responsibility to regulate and control elections for the U.S. House of Representatives and Senate. States have the power to determine the “Times, Places, and Manner” of these elections, but Congress can make or alter state regulations. However, Congress has the ultimate authority and can pass federal laws that can override state statutes. This Clause was created to prevent unfair election policies and to make a functioning national government. However, both states and Congress have limitations on their power, like not being able to violate other constitutional provisions or to impose substantial burdens on the right to vote.

The Constitution grants states the power to establish electoral rules, an important factor that can significantly influence election outcomes. By manipulating factors like district boundaries, measures to protect electoral integrity, and vote counting standards, the people in charge of setting election rules can favor one political party over another. The founding fathers of the Constitution initially assigned the state legislatures and eventually Congress with regulating congressional elections, but the modern Supreme Court has expressed doubt in the ability of partisan legislatures to look over the process in a fair way. Thus, the suitability of elected partisan legislatures for making such decisions is debatable compared to supposedly nonpartisan bodies. Historically, Congress has rarely used its power to override state regulations, which allowed election administration to be primarily handled by the states. However, in recent times, Congress has more often imposed requirements on states for federal elections, like the criteria for districting and voter registration standards.

The Arizona v. Inter Tribal Council of Arizona case is a great example of how congress can step in and override state regulations. Despite this example, Congress generally respects state laws and assumes they will control the practical aspects of federal elections. The Supreme Court has recognized that the Elections Clause gives Congress significant power to regulate federal elections without a conflict with state law. The Court has also highlighted the state’s authority to structure federal elections within the boundaries of their own laws. Although states have individual power, the final authority depends on the Congress, which creates a unique relationship between the states and the federal government in election regulation.

The Elections Clause reflects the Enlightenment principles like popular sovereignty and democratic government by allowing the state legislatures the power to regulate the “Time, Place, and Manner” of congressional elections. This clause also includes the belief that political authority should be received from the consent of the government and that fair electoral processes are vital to ensuring a representative government. I personally don’t think that the elections clause should be amended, however, I think that the congress should step in and take more action. They are granted with a lot of important power but do not seem to use it in effective ways.

Noah Khalid: Elections Clause

Video

Written Component

 The Elections Clause is in the United States Constitution, specifically Article I, Section 4, Clause 1. The motivation behind the Elections Clause was to establish a balance of power between the federal government and the states in regulating elections for members of Congress. The founding fathers of the Constitution sought to create a system that would ensure fair and consistent elections while preventing abuses and potential corruption.

The Elections Clause is a constitutional ‘provision’ that gives states the primary responsibility to regulate and control elections for the U.S. House of Representatives and Senate. States have the power to determine the “Times, Places, and Manner” of these elections, but Congress can make or alter state regulations. However, Congress has the ultimate authority and can pass federal laws that can override state statutes. This Clause was created to prevent unfair election policies and to make a functioning national government. However, both states and Congress have limitations on their power, like not being able to violate other constitutional provisions or to impose substantial burdens on the right to vote.

The Constitution grants states the power to establish electoral rules, an important factor that can significantly influence election outcomes. By manipulating factors like district boundaries, measures to protect electoral integrity, and vote counting standards, the people in charge of setting election rules can favor one political party over another. The founding fathers of the Constitution initially assigned the state legislatures and eventually Congress with regulating congressional elections, but the modern Supreme Court has expressed doubt in the ability of partisan legislatures to look over the process in a fair way. Thus, the suitability of elected partisan legislatures for making such decisions is debatable compared to supposedly nonpartisan bodies. Historically, Congress has rarely used its power to override state regulations, which allowed election administration to be primarily handled by the states. However, in recent times, Congress has more often imposed requirements on states for federal elections, like the criteria for districting and voter registration standards.

The Arizona v. Inter Tribal Council of Arizona case is a great example of how congress can step in and override state regulations. Despite this example, Congress generally respects state laws and assumes they will control the practical aspects of federal elections. The Supreme Court has recognized that the Elections Clause gives Congress significant power to regulate federal elections without a conflict with state law. The Court has also highlighted the state’s authority to structure federal elections within the boundaries of their own laws. Although states have individual power, the final authority depends on the Congress, which creates a unique relationship between the states and the federal government in election regulation.

The Elections Clause reflects the Enlightenment principles like popular sovereignty and democratic government by allowing the state legislatures the power to regulate the “Time, Place, and Manner” of congressional elections. This clause also includes the belief that political authority should be received from the consent of the government and that fair electoral processes are vital to ensuring a representative government. I personally don’t think that the elections clause should be amended, however, I think that the congress should step in and take more action. They are granted with a lot of important power but do not seem to use it in effective ways.

Pema – The Treason Clause

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After the failure of the Articles of Confederation, soon after its ratification in 1777, the Founding Fathers wanted a Constitution that was strong enough to run the country while being conscious of potentially giving the government too much power and not protecting the people’s rights enough. The Articles of Confederation didn’t centralize the power under the federal government enough and gave the states too much individual power which led to its replacement in 1789. The Treason Clause in section 3 of Article 3 is one important article that helped to restrain the power of the government in the Constitution. The Founding Fathers were concerned about the possibility of treason being weaponized by a future president to silence the people and any political opposition. The Founding Fathers incorporated the Treason Clause to prevent the government from becoming too powerful and becoming like the British monarchy. 

The Constitution defines treason as an act of an American betraying the allegiance that they owe to their country. The Treason Clause limits treason to two different kinds: treason by waging war against the U.S. and treason by helping the enemies of the U.S. by providing them “aid and comfort”. In order to sentence someone for treason, there must either be two witnesses that can testify to the same treasonous action or the accused person has to confess in open court. If someone is convicted of treason, Congress has jurisdiction and is able to make the punishment. However, the punishment has to be one that only the convicted person pays. Congress cannot extend the punishment to the convicted person’s family or the next generation of the family.

Over the years, many different cases have been made from different interpretations of the Treason Clause because what qualifies as treason was never fully specified. One example of this was in the case of Ex parte Bollman & Swarthout where levying war was clarified. Bollman and Swarthout were two of Aaron Burr’s associates who came forward accusing Aaron Burr of plotting treason to overthrow the government in New Orleans. Ultimately, the Supreme Court decided that Aaron Burr was not guilty of treason and the distinction was made between conspiring to commit treason and taking action to commit treason. Conspiring to commit treason wouldn’t be considered treason but when steps/actions were taken, that would be considered treason.

The Treason Clause connects to an overarching theme of Enlightenment because some Enlightenment ideals were the idea of people having God-given rights and moving away from a monarchy and that’s exactly what the Treason Clause helps to accomplish. The Treason Clause protects the rights of people by offering safeguards to make it hard to be convicted of treason. The Treason Clause also limits the power of the government which helps balance the powers out evenly to prevent tyranny.

Article V // Gabe Ponichter

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In Article V, the Constitution’s framers gave America’s future leaders a way to make changes to the Constitution based on changing times of the future. In simpler terms, Article V of the Constitution says that If two-thirds of the Senate and the House of Representatives agree, they can put amendments for the Constitution to vote. Another way amendments could be proposed is if 2 thirds of all the state legislatures agree to present some during a convention. To approve amendments, either ¾ of all the state legislatures must agree or ¾ of conventions convened in each state, based on Congress’ choice. There are two caveats; amendments to the Constitution could not change the 1st and 4th clauses of the 9th section of the 1st Article of the Constitution until 1808. Additionally, amendments could not strip a state of its right to vote in the Senate unless that state would be partial as well. Being able to make amendments to the Constitution allowed for debate between Federalists and Anti-Federalists to be settled by compromising on amendments eventually being added to the Constitution. Leading up to the ratification of the Constitution, there was one principal opinion about making amendments to the Constitution held by some Anti-Federalists. These people, looking to ensure enough power for the states and the people rather than just the central government, supported Article V because, through amendments, a Bill of Rights could be added to the Constitution, guaranteeing basic protections for Americans. 

Throughout the more recent history of Article V, some controversy has arisen over whether or not states can rescind their ratifications of certain amendments to the Constitution. Article V does not expressly state that states can do this; however, in the case of amendments like the Equal Rights Amendment (ERA) of 1972, which was never ratified, six states still voted to rescind their ratification. In the case of Coleman v. Miller (1939), the Supreme Court decided it would be at Congress’s discretion to determine whether a state could rescind its ratification, seemingly on a case-by-case basis. In the ERA’s case, it became irrelevant that states rescinded their ratifications because the amendment was not passed before the 7-year limit agreed upon in Congress. However, through countless decisions like Kirchberg v. Feenstra (1981) or J.E.B v. Alabama (1994), the Supreme Court was able to achieve the same effect of the ERA, declaring it unconstitutional for women to be discriminated against by American laws. The ability to make amendments to the Constitution connects to the core values of the Enlightenment Period, in which modifications to the thought of the “old regimes” were necessary for the common people to gain knowledge and a voice for themselves. As such, Historians can view Article V as a reassurance that if changes need to be made to the Constitution to protect the agency of Americans, they can be made, just like the Bill of Rights first did during America’s creation.

 

Works Cited

American Civil Liberties Union. “Timeline of Major Supreme Court Decisions on Women’s Rights.” In ACLU Women’s Rights Project. Last modified 2023. Accessed May 31, 2023. https://www.aclu.org/wp-content/uploads/legal-documents/101917a-wrptimeline_0.pdf.

 

Annenberg Classroom. “The Annenberg Guide to the United States Constitution.” Annenberg Classroom. Last modified 2023. Accessed May 31, 2023. https://www.annenbergclassroom.org/constitution/.

 

Rappaport, Michael B., and David A. Strauss. “Interpretation and Debate: Article V.” National Constitution Center. Last modified 2023. Accessed May 31, 2023. https://constitutioncenter.org/the-constitution/articles/article-v/interpretations/277.