Did Proposition 106 violate the Elections Clause of the US Constitution by removing congressional districting power from the state legislature? The case summary provides the facts, and the Supreme Court’s answer to this question.
Who Elects Our Senators
United States senators have been elected directly by voters since 1913. Prior to that time, state legislatures chose the state’s senators. In the mid-1850s, however, the state legislature selection process began to fail due to political infighting and corruption. Often Senate seats were left vacant for long periods of time while state legislatures debated who to send to the Senate.
The Constitution in Action – State Challenges to Federal Authority: The Kentucky and Virginia Resolutions
Students in this simulation, as Republican members of the Kentucky and Virginia legislatures in 1798 and 1799, consider how they will oppose the Alien and Sedition Acts. Students will then act as members of other state legislatures and consider how to respond to Kentucky and Virginia. By engaging in this historical moment, students will wrestle with the ongoing tension between the Article VI, Clause 2, of the Constitution, which establishes the federal government as the “supreme Law of the Land,” and the Tenth Amendment, which reserves powers “not delegated to the United States” to the states or the people.