What does the Elections Clause say?
About this video
The Elections Clause in Article 1 Section 4 lets states set the time, places and manner of federal elections, but lets Congress make or alter those rules. Congress has mostly deferred to the states, though it has sometimes acted, as with the Motor Voter Law.
You'll be able to
- explain what the Elections Clause allows states and Congress to do.
- give an example of Congress using the Elections Clause.
Key words
- Elections Clause
- Article 1 Section 4 of the Constitution, which lets states set the time, places and manner of federal elections, subject to change by Congress.
- deferential
- Willing to let someone else make the decisions.
- Motor Voter Law
- A federal law that lets people register to vote when they get a driver's license.
Transcript
The Elections Clause of Article 1 Section 4 allows states to set the time places in manner of federal elections, but it also reserves to Congress the power to make or alter those regulations. It's a very broad grant of authority to Congress in terms of allowing Congress to veto state regulations, but over time, Congress has been really deferential to the states and allowing them to set time place in manner without Congress really intruding on that authority to an extensive amount. A more recently, Congress has passed legislation pursuant to the elections clause.
For example, most people are probably familiar with the Motor Voter Law, which allows you to register to vote when you get your driver's license. That was authority that Congress used under the Elections Clause to pass that particular regulation. But generally speaking, states have exercised pretty broad authority to set the time places in a manner of federal elections without much federal oversight.
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