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Show Notes
In this episode, Jason and Matt begin their discussion about Article I, Section 4 which outlines the rules for congressional elections.
- U.S. Constitution, Article I, Section 4
- [1]“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.”
- [2]“The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.”
- Modified by 20th Amendment to the U.S. Constitution
- Records of the Federal Convention (see vol 1, vol 2, vol 3).
- From the Records of the Federal Convention:
- “Mr. King could not think there would be a necessity for a meeting every year. A great vice in our system was that of legislating too much. The most numerous objects of legislation belong to the States. Those of the Natl. Legislature were but few. The chief of them were commerce & revenue. When these should be once settled, alterations would be rarely necessary & easily made.”
- James Madison: “It was impossible to foresee all the abuses that might be made of the discretionary power. Whether the electors should vote by ballot or via vote, should assemble at this place or that place; should be divided into districts or all meet at one place, should all vote for all the representatives; or all in a district vote for a number allotted to the district;… Whenever the State Legislatures had a favorite measure to carry, they would take care so to mould their regulations as to favor the candidates they wished to succeed”
- Rufus King to the MA ratifying Convention:
- “ In the southern States, the inequality is greater. By the Constitution of South Carolina, the city of Charleston has a right to send thirty representatives to the General Assembly, the whole number of which amounts to two hundred. The back parts of Carolina have increased greatly since the adoption of their Constitution, and have frequently attempted an alteration of this unequal mode of representation; but the members from Charleston, having the balance so much in their favor, will not consent to an alteration; and we see that the delegates from Carolina in Congress have always been chosen from the delegates of that city. The representatives, therefore, from that State, will not be chosen by the people, but will be the representatives of a faction of that State. If the general government cannot control in this case, how are the people secure?”