5 and 3 U.S.C. § 15 show a clear intent that Congress merely interprets the will of the State, since the "manner" of selection of presidential electors is now completely left to the States. To fill the vacuum which would thus be created by the repeal of said paragraph 2 of section 1 of Article II, S.J. Res. 17 could be amended by adding at the end of the second paragraph of section 1, on line 21, the following sentence: "The manner of holding elections for President and Vice-President shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations." Under authority of a constitutional amendment carrying such a provision, Congress, since it would be required to re-enact the provisions of sections 1 to 18 of Title 3 of the U.S. Code, to implement the constitutional amendment, could enact a detailed code regulating the election of President and Vice-President, or could merely provide for its interpretation of the provisions of State law, leaving it to some future day, should experience show a need for same, to enact such a detailed law. 4. State Lava Should S.J. Res. 17 be adopted, every State would be compelled to repeal its laws covering the nomination and election of presidential electors and to replace them with enactments providing for direct election of the President and Vice-President by the people. It is quite possible, that should Congress enact a Federal law setting out a detailed procedure to cover the conduct of the election and the manner for the determination of controversies as to the proper distribution of a State's electoral vote, that the States would use this law as a guide for their own new enactments. 5. Candidates Should the constitutional amendment remain silent regarding the manner of nominating the candidates for President and Vice-President, as is the case in S.J. Res. 17, no vacuum would be created by such proposed amendment. The States would retain their present laws covering the method of selecting delegates to the national conventions of the political parties. The national conventions would continue to select their candidates as they do at present. However, should S.J. Res. 17 be amended as suggested above, by adding to the second paragraph of section 1 thereof, on line 21, the sentence: "The manner of holding elections for President and Vice-President shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations," the situation will then be parallel to that which exists with regard to selection of candidates for Senators and Representatives, for the Amendment would have lodged in Congress the same power over the selection of candidates for President and VicePresident as section 4 of Article I has lodged in Congress over the selection of candidates for Senators and Representatives. How far that power extends to nominations is matter of controversy (see U.S. v. Classic, 313 U.S. 299 (1941); of Newberry v. U.S., 256 U.S. 232 (1921), and is felt not to be the purpose of this memorandum. Mollie Z. Margolin INDEX Absentee voting: (See also Residence requirements.) Joint resolution: Senate Joint Resolution 14__. "Let's Modernize Our 'Horse-and-Buggy' Election Laws". Memorandum prepared by the Council of State Governments, "Loss Page 471 13 471 of Voting Rights in Presidential Elections”. 487 Changing the time of election, the convening of Congress, and the in auguration: Draft of a proposed constitutional amendment_. 427 Statement of Prof. Paul T. David_-- 426 Communications concerning presidential elections from former Presidents of the United States: Constitution of the United States, provisions governing the election of Tables submitted in connection with statement.. --- 666, 668 527 Wilmerding, Lucius.. 295 Study: "Enforcement of Those Provisions of Senate Joint Resolution 12 Requiring Electors To Be Elected by the So-called District System". Eighteen-year-old voting: Colloquy between Senators Kefauver and McGee-- Senators Kefauver and Smith of Maine---- Joint resolutions: 682 Senate Joint Resolution 20_ Senate Joint Resolution 54. Senate Joint Resolution 67. Senate Joint Resolution 71. Statement of— Arnall, Hon. Ellis. Dixon, Prof. Robert G., Jr. Keating, Senator Kenneth_ Kefauver, Senator Estes_ Miller, Hon. William E. Randolph, Senator Jennings. Savage, Leo V.. Study: "State Action to Lower the Voting Age, 1943–60". Election districts. (See District system.) 266 73 15 21 22 22 181 541 328, 337 350 368, 388 40 277 552 179 344 859 Election of President and Vice President by the Congress: Statement of 440 Election results, hypothetical results if other systems in effect: 1960 vote analysis: using proposed systems-- 391, 409 Speech of Senator Paul H. Douglas (pre-1952 elections) - 744 Bailey, John M.. 548 Johnson, Prof. Norman W.. 656 Study of presidential elections since 1920 showing how the votes 132 Electoral college: (See also Direct popular election; District system; Present electoral system; Presidential electors; Proportional system.) |