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Note that as to 'how members of Congress are picked,' Article 1 Section 4 is limited by Article 1 Section 2: "The House of Representatives shall be composed of
by ameister14 3y ago
Note that as to 'how members of Congress are picked,' Article 1 Section 4 is limited by Article 1 Section 2:
"The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature."
This essentially says that the laws that the state sets for itself for choosing the most numerous branch of its own legislature end up covering the federal representatives as well. So this means that if a state wants to expand the franchise, it covers the most numerous state legislative branch as well as the federal representatives to the House.
Congressional control over voting and representation is also limited by the 14th, 19th, and 26th.
- dragonwriter 3y agoSure, there are Constitutional bounds to the rules Congress can set for how members are chosen, but it is not true that any change to how members are chosen requires a Constitutional Amendment. At-large districts used to be something states could, and did, choose to use for electing representatives to Congress (an effective way of giving the statewide majority full control of the Congressional delegation.) Now it's not. Was there a Constitutional Amendment? Nope. Just an Act of Congress.
- ameister14 3y agoAbsolutely - just wanted to make it clear that Congress did not have an unfettered ability to change how members are elected and by whom, beyond location.