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Politics : American Presidential Politics and foreign affairs
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To: DuckTapeSunroof who wrote (42875)4/22/2010 8:09:42 PM
From: TimF  Read Replies (1) of 71588
 
I wouldn't ask you to dig as far as early court decisions, but if the constitution says it you should be able to quote where it says it. But you can't because it does not say any such thing.

Also the states do indeed regulate EVERY federal election, so I very much doubt the court decisions said they can't do this.

And if the constitution says the states can not regulate federal elections it would not be a preemption issue. Preemption would be a specific statute preempting state action.

Preemption would not be a relevant issue when the constitution says the states can not regulate something, that would be an issue of the specific constitutional statement/clause/principle in question. It would only be an issue when the constitution gives the federal government power in the area but does not specifically preclude state action, and then the feds pass a law that precludes all state action in some area, or just limits state action in that area.

The constitution and/or court decisions saying the federal government is preeminent in a particular area, would not itself preclude state action, it would not be preemption just with such a determination. It would only open the door for federal preemption through the passing of a federal law.

If a federal government has passed statute law that prohibits any state regulation of federal elections, please quote from it, or at least give me the name of the law.

Also if such regulation is illegal, why does every state do it for every election?
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