Wednesday, September 21, 2016

Early Voting for President is Unconstitutional

Article II Section 1:


The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

It’s pretty straightforward. The “chusing the Electors” is what you are doing when you vote for president and vice-president of the United States.

The constitution grants Congress the explicit power to determine the time of the election for president and vice-president and requires it must be the same throughout the United States. So early voting fails on two counts:

1. States are usurping the authority of Congress to determine the day of the election by holding early voting.

2. Early voting days are not uniformed throughout the United States.


In off-year elections states have pretty much to power to hold elections as they see fit. The constitution is silent on elections for every other office. However, as long as president and vice-president is on ballot, there can only be one election day throughout the United States as designated by Congress. 

7 comments:

Anonymous said...


early voting contributes to voter fraud. that's why democrats love the practice so.

Honest, decent, truthful Rev. said...

not allowing early voting contributes to black disenfranchisement. that's why republicans love the practice so.

Commonsense said...

Funny the Constitution says nothing about voter disenfranchisement either black or white. (For the record an overwhelming majority of early voters are white.)

However, the Constitution does requires however, that the electors for president and vice-president be selected on the same day throughout the United States as appointed by Congress.

Honest, decent, truthful Rev. said...

There was a time when the Constitution DID disenfranchise a race.

Commonsense said...

Wrong again. The Constitution said nothing about the voting rights of free blacks, free whites, slaves, native americans or anybody else.

Voter qualifications were pretty much left to the states. If a state passed a law allowing blacks and slaves to vote there was nothing in the constitution to prevent it.

That being said, at the time the Constitution was adopted not only were free blacks and slaves denied the right to vote but so were most white men who didn't own sufficient property.

Honest, decent, truthful Rev. said...

The Constitution's silence on who had a right to vote effectively disenfranchised a race as well as non property owning white men. Not to mention all women.

Later these were corrected.

Commonsense said...

Again you are wrong. What the Constitution doesn't prohibit it permits.

And the Constitution never prohibited anyone from voting. Your beef was with the states.

The 13th, 14th and 15th amendments didn't grant anyone the right to vote (they already had that right) it prohibited the states (and the federal government) from disenfranchising voters on the basis of race, creed or national origin.

Just as 19th amendment did not grant women the right to vote (In several states women were already voting) it prohibited the government from denying the right to vote because you're a women.