Constitutional conservatives seem to forget about Art. 1, Sec. 4 of the Constitution.
“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 Place of Chusing Senators.” (emphasis added)
Congress has dominion over federal elections. Anyone saying that the election laws proposed by the Democrats in Congress constitutes “federal overreach” is, in a single word. WRONG.
Justice Scalia in a 2013 opinion wrote, ““The power of Congress over the ‘Times, Places and Manner’ of congressional elections ‘is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith.’”
“The legal scholar Pamela S. Karlan put it this way in a 2006 report on the Voting Rights Act: “The Supreme Court’s recent decisions under the elections clause have confirmed the longstanding interpretation of the clause as a grant of essentially plenary authority.” In other words, Congress has absolute, unbending power to regulate federal elections as it sees fit.” – from Jamelle Bouie opinion piece in today’s NYT.
And the 15th Amendment …” ratified in 1870, expanded and reaffirmed the power of Congress to regulate federal elections, stating that, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude” and that “The Congress shall have power to enforce this article by appropriate legislation.””
So how does one square the idea of overreach with what the Constitution says? I’m talking to our moderator and EVERY single GOP member of Congress and the right wing talking heads.