April 27, 2021

Heavy Lifting Tuesday

Here is a question; given the Ninth and particularly the Tenth Amendments, how can Congress institute national police reform? Local policing over local laws is the definition of States’ prerogative, is it not?

The same certainty holds true with election laws. 

Please discuss. 


Cappy said...


Fuzzy Curmudgeon said...

If the states yield to the Feds, as they have done countless times over the years, bazinga, you get Fed control.

Look at the Department of Education for a perfect example. Nowhere in the Constitution, but states yielded control for a fat federal payday when they could no longer justify taking more and more out of already-overpriced local property taxes, most of which go for ... wait, you guessed it ... education.

Fuzzy Curmudgeon said...

Also FWIW, the Constitution has a loophole for Federal control of certain Federal elections, viz.,

Article I Section 4

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.

However, the election for President is a bit different. Article II Section 1 Clause 4:

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

But that's the only control Congress has over presidential elections, other than the Senate counting the electoral votes and then voting to break a tie if such is the case. Just the date. Not the time or place or any other minutiae involved. Any other federal election law is prima facie unconstitutional.

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