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Elections and Suspension Clause – Alex Berman

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The Articles of Confederation demonstrated the dangers of giving states too much power, so when drafting the Elections Clause worries arose that if each state had complete control over their own elections, they could compromise Congress’ abilities by opting not to hold an election at all. Thus, the Elections Clause gives states the authority to regulate most aspects of congressional elections, while still offering Congress the power to overwrite any of those regulations. In the Elections Clause, a lack of clarification, such as the meaning of state legislature and what counts as prescribing the “times, places, and manner of holding elections,” has led to varying interpretations of the right of states to regulate elections.

In the supreme court case of Cook V. Gralike, Missouri argued that they could put negative warnings on an election ballot based on if a candidate would support a bill or not. This was ruled unconstitutional because while it is an alteration of the manner of an election, it at the same time is an attempt to regulate the outcome of the election. I agree with this decision because the Elections Clause allows states and congress to regulate the manner of congressional elections, but not their outcomes. For the sake of clarification, the Elections Clause should be amended to define in more detail state legislature and the regulatory actions that states are allowed to take. The Elections Clause demonstrates how the faults seen in the Articles of Confederation were addressed in the Constitution, primarily by granting the federal government power over the states. In article 1, section 9 of the Constitution, the Suspension Clause explains the application and suspension of habeas corpus.

The writ of habeas corpus protects citizens from being arbitrarily arrested by allowing someone who has been arrested to challenge the legal justification of their detention in court. Americans knew that people in England, up until just over a century before the Constitutional Convention, were sometimes imprisoned for life without any trial. Thus, the writ of habeas corpus was of the utmost importance to include in the Constitution. Equally important, however, was Congress’ right to suspend it, illustrated by the fact that habeas corpus was suspended just months before the Constitutional Convention during Shays’ rebellion. The Suspension Clause insures that someone who has been arrested has the right to a trial, unless the arrest is during a rebellion or invasion. A debate about the Suspension Clause, however, regards the process with which habeas corpus can be suspended. In the four instances of suspension, three times the president got permission through Congress, however during the civil war Abraham Lincoln suspended habeas corpus on his own, without the expressed consent of Congress.

To me it would make more sense for a president to first need to get permission from congress to prevent the president from having sole authority to make unlimited uncontested arrests. Because of this, I believe that the Suspension Clause should be amended to clarify the process to suspend habeas corpus.

Connor Smyth – The Election Clause and Suspension Clause

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Election Clause: The Election Clause, located in Article I, Section 4, Clause 1 of the United States Constitution, addresses the regulation and conduct of elections for Senators and Representatives. It says that the “Times, Places, and Manner” of holding elections shall be determined by state legislatures while still granting Congress the authority to make or alter regulations, except for the selection of Senators’ places. The content of the Election Clause reflects the framers’ intent to establish a federal system that respects the freedom of individual states while ensuring a degree of federal oversight. By granting primary authority to state legislatures, this allows each state to tailor its electoral system according to its unique circumstances and demographics. The significance of the Election Clause lies in its role in safeguarding the democratic principles of the United States. It allows states to administer elections and shape their own voting regulations. Simultaneously, the clause empowers Congress to intervene if necessary to protect the fairness of federal elections or ensure the fair treatment of voters. This authority enables Congress to pass laws that establish uniform standards, address discriminatory practices, and guarantee the protection of voting rights.The Election Clause has played a significant role in defining the limits of state and federal authority, particularly through landmark decisions such in the case of the Voters Act of 1965, which involved the protection of free voting rights for all. This provision remains a cornerstone of American democracy, ensuring the protection of voting rights and the integrity of the electoral system.

 

Suspension Clause: The Suspension Clause, found in Article I, Section 9, Clause 2 of the United States Constitution, addresses the power to suspend the privilege of the writ of habeas corpus. It states that the right to habeas corpus, the requirement that someone that is arrested must be brought before a judge or into court, may not be suspended or delayed unless in the case of rebellion, invasion, or if the public may be in danger. The Suspension Clause sets a high threshold for suspending this privilege, permitting it only in cases of rebellion or invasion when public safety is at risk. By requiring such exceptional circumstances, the clause ensures that the writ of habeas corpus is not casually or unjustly suspended, preserving the right to challenge one’s detention before a court. The clause acts as a check on executive authority, requiring a legitimate and urgent threat to public safety before the suspension of habeas corpus can occur. Throughout history, the Suspension Clause has been invoked during times of crisis, such as the Civil War and World War II, to address threats to national security. Legal interpretations and debates have revolved around the scope of the clause, including questions of its applicability to non-citizens, the extent of judicial review, and the duration of suspension. The Suspension Clause continues to be relevant today, as issues such as terrorism and national emergencies prompt discussions about the delicate balance between civil liberties and security. 

Declare War Clause: Article 1, Section 8

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When the Constitution was created, Article 1, Section 8 dealt with federalism, the separation of the powers on the national level versus the state level. The common interpretation of this section has changed over time, and one can generalize them into four broad categories in chronological order. At first, this section was perceived as Enumerated Rights Federalism, which meant that the national government was characterized as a government with limited powers. The national government had power as far as the enumeration in Section 8 went, but the states had everything else that was left over. State power was not given by outlining them directly, but instead by outlining the power of the federal government.

The second category was Fundamental Rights Federalism, where after the Civil War and the Civil Rights Act, the federal government was given the power to override state legislation in order to protect the fundamental rights of American citizens. The third category was New Deal Federalism, which ended Enumerated Rights Federalism, because this gave the federal government the power to regulate the states themselves in terms of intrastate commerce.

Now, enter into the modern era, where courts are trying to find a way to draw lines in order to identify where Congress’ powers end and where states’ powers start. Such efforts include preventing Congress from interfering in noneconomic intrastate activity. This is called State Sovereignty Federalism, where courts try to carve out a zone of autonomy for the states. Federalism has been debated for a long time, whether it be the amount of rights delegated to the national government and Congress versus the states. Some are staunch supporters of giving states the vast majority of rights, pointing to how individual states can establish different legislative/economic systems as a form of experimentation to see which sort of system works best.

Some argue that the methods of the court in terms of determining federalism based on the sovereignty of the states is not a method that adequately takes into account the intricacies of the relationship between the federal and state governments. When talking specifically about the Declare War Clause in Section 8, the common interpretation of that also falls into debate. However, the two sides of the debate are a bit different from the federal vs state government debate.

The debate in this clause specifically is between the executive branch and the legislative branch. The wording of the clause states that Congress can “declare war”, make legislation about conquering on land and water, authority to permit privateers to use force upon an enemy, and authority to legalize the seizing of another foreign nation’s property as repayment for debt. Up until the modern era, it has been unclear whether the Declare War Clause permits the executive branch to respond to sudden violent attacks.

In the case of The Bey of Tripoli, when war was declared upon the United States, President Thomas Jefferson sent frigates in response. However, Congress never formally declared a state of war with the Bey of Tripoli, and ever since, it has been unclear to what extent the executive branch can respond with force to a threat without the authorization of Congress, if at all. Judicial courts have also largely left this issue alone, so the executive branch and Congress have simply needed to reach a state of compromise and agreement with each other.