Commentary H.R. 1—the bill for federal takeover of elections that just passed the House of Representatives—is a constitutional nightmare. If the Senate approves it, we almost certainly will need a constitutional amendment to clean up the mess. This has happened before: In 1970, we had to enact the 26th Amendment to cure congressionally caused voting chaos. This time, though, the situation would be even worse. H.R. 1 is one of those massive bills (in this case, 791 pages) that no one reads in their entirety until people try to apply them. Then everyone throws up their hands aghast, shouting, “What were they thinking when they passed this thing?” The answer, of course, is that “they” (those who passed it) weren’t thinking about much of anything—at least not about anything defensible. This essay will outline just a few of the constitutional problems in H.R. 1. You can bet there are more …
H.R. 1 Would Create Such Chaos We Would Need a Constitutional Amendment to Fix It
March 9, 2021
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