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by llamaimperative 524 days ago
The question wasn't about party lines. It's about the distinction between political judgment and legal judgment.

That has nothing to do with partisanship.

> Also the constitution clearly gives the federal government the ability to conduct federal elections

This is literally not true. Please tell me where in the Constitution the federal government is given this authority. You won't find it, which is why all the contortions around federal authority are political in nature and not legal.

The states run 100% of 100% of the elections within their states, including the elections of the electors in the Electoral College who ultimately elect the President.

The entire opinion (and the misconception that it produces, and you relay here) is a handwavy way to say: it sure would be politically inconvenient if the legal structure actually produced this outcome. If it were a legal decision, the political considerations would be irrelevant: the law says what the law says.

1 comments

>This is literally not true. Please tell me where in the Constitution the federal government is given this authority. You won't find it, which is why all the contortions around federal authority are political in nature and not legal.

https://constitution.congress.gov/browse/amendment-14/sectio...

https://constitution.congress.gov/browse/amendment-14/sectio...

Section 5 gives congress the power, not the state, to enforce section 3.

If you want to say you were right that it's an amendment, ok.

Whoa whoa, what you said is "the constitution clearly gives the federal government the ability to conduct federal elections, not states." This is blatantly false. I presume you discovered that when you looked it up and now you're switching gears.

Now you're mounting a totally different argument which is that Congress has the power to enforce Section 3. This is true, but that does not strip states of power to run their own elections how they see fit. This merely grants power to Congress to enforce Section 3.

You just misunderstand how the Constitution works.

Here's proof: The Constitution does not give states the power to pass laws. It does give Congress the power to pass laws. It giving Congress the power to pass laws obviously does not strip states of their power to pass their own laws.