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ChunkMcHorkle , (edited )
@ChunkMcHorkle@lemmy.world avatar

Article 1, Section 4 does NOT give the states control over Presidential elections … only for senators and reps.

You’re kind of right. Article 1, Section 4 does not address presidential elections but Article 2 does, by handing it directly back to the states to pick their own electors for the Electoral College. Electors elect the president, hence the name.

(This is exactly why Mike Pence refused to get in the car on January 6: the voters had voted, the electors had represented them (or not) but constitutionally the president isn’t elected until Clause 3 of Article 2 is fulfilled and the Electoral College votes are certified by the President of the Senate, who at the time was Mike Pence, and that was the point of getting Pence out.)

Take a moment and go back and look at Article 2, the article that addresses the executive. Note that it only addresses the Electoral College and says nothing about popular votes, SCOTUS, or even how electors should be chosen.

You’re looking at the US Constitution’s entire provision for presidential elections. That’s it. Article 2. **

Now understand that along with that, through time and tradition over some 200+ years (depending on what event you want to count from), including various SCOTUS rulings, EVERYTHING involving federal elections that is not otherwise specifically addressed does indeed devolve to the states under Article 1, Section 4.

EDITED TO ADD current relevancy regarding Trump’s attempt to remove Mike Pence

**I am specifically referring to the original Constitution and not to the later rulings on the First and Fourteenth Amendments in case anyone wants to get picky, lol

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