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The Right Stuff: Support credible voting reform, not HR 1: Part 2

By Earl Heal

January 10, 2022 | Posted in Local Opinion Columnists | From the Daily Republic “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. . . .” — U.S. Constitution, Article 1, Section 4

That section focuses on the power of state legislatures to regulate national elections. It adds Congress’s authority only in a subordinate clause which is what lawyers and judges call a “proviso” – both in the Founding era and in modern times. Provisos traditionally are interpreted narrowly, leaving the state legislatures’ power to be interpreted broadly. If there’s reasonable doubt about whether Congress has authority, the issue is decided against Congress and for the states.[ more]

Earl Heal is a retired Air Force officer, former airline pilot and former member of the Solano County Republican Central Committee. Contact him at Share

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