Skip to main content

Narrower Role for Federalism Proposed in Elections Law

Franita Tolson writes that in recent years, the U.S. Supreme Court has circumscribed Congress’s ability to protect the right to vote under the Fourteenth and Fifteenth Amendments. Tolson contends that Congress should use the Elections Clause to buttress the Reconstruction Amendments as part of an effort to protect voting rights. Tolson also asserts that the traditional way of discussing the Elections Clause in federalism terms is not appropriate because the Clause does not fit “within any of the prevailing theories of federalism.” Read more here.