Should We “Federalize” Elections?

This is a polarizing topic. Should we “federalize” elections?

Trump has argued it needs to be done. Over seventy percent of Americans agree, at least in regard to voter ID.

That includes Democrats.

But it’s a sticky issue because of the Constitution.

Yesterday, Mike Lee posted that it was simple. Article I, Section IV of the Constitution authorizes the general government to intervene in State election laws because it states “the Congress may at any time by Law make or alter such Regulations [times, places, and manner] except as to the Places of Choosing Senators.”

Seems clear cut until it isn’t, at least not if you are an originalist.

I covered this topic in my 2012 Founding Fathers Guide to the Constitution. The evidence isn’t on Lee’s side.

In fact, this was a serious topic during ratification. Opponents of the document worried that the federal government would do exactly what Mike Lee has suggested. In response, proponents said that would never happen unless the States refused to call elections.

If the general government could make such rules, we would not have needed the 15th, 19th, or 26th Amendments.

Congress could just have mandated prohibitions on voting by race, sex, or age.

They didn’t because everyone has known for over 200 years that such legislation would be unconstitutional.

Don’t get me wrong, I support voter ID. I have to show one to vote in my State, but this isn’t a federal issue, and in reality is more like a band-aid for the real problem: goodies for immigrants.

If you want to keep people from flooding into the United States, don’t give them free stuff, including easy business loans.

Congress could gut those programs immediately. They won’t because Republicans are cowards.

I discuss the problem on Episode 1232 of The Brion McClanahan Show.

You can watch it here.

OR

You can listen to it here.