Abstract

The Constitution of the United States does little more than provide a general outline of the electoral system. It establishes the basis of representation for the states in Congress and creates the Electoral College for the election of the President. The conduct of elections is left to the individual states, subject to limitations derived from constitutional restrictions on denial of the franchise and the power of Congress to regulate elections.

Provisions permitting Congress to alter the time and manner of conducting elections and authorizing Congress to enforce the amendments relating to the franchise have been interpreted by the Court as providing "concurrent authority" in elections. State regulations are operative until the national government enters an area in which it shares authority with the states. In cases of conflict between the national and state regulations the Supreme Court has ruled that the supremacy clause of the United States Constitution requires that the national regulations prevail.

From this constitutional basis the Supreme Court has handed down a number of decisions affecting the electoral system. It is interesting that no overall review of those decisions affecting the electoral system has been attempted. There are excellent works on individual cases and portions of the Supreme Court's relation to the election process, but no general treatment is available. We feel that there now exists a sufficient body of case law by the nation's highest court to undertake a survey of the field.

Out of the numerous Supreme Court cases dealing with this general subject, it is our contention that the Court has had a three-fold role. First, and least subject to controversy, there have been cases upholding congressional regulation of elections. Second, and the source of much debate, there have been decisions protecting the right to vote in cases alleging unconstitutional discrimination by the states. Third, and an area that has been largely neglected by commentators, there have been several important rulings in which state election procedures have been approved. Each of these three areas will be treated separately, followed by a general concluding statement.

We will not discuss dissenting or concurring opinions, composition of the Court, or the extra-legal factors which affect decisions. These are important areas for study, but to do an adequate piece of research on these topics would require several volumes. We realize that other students of the Court have dealt and will continue to deal with these subjects. It is our intention only to suggest general trends.

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