Fact Check: The U.S. Constitution allows states to determine their own election laws.

Fact Check: The U.S. Constitution allows states to determine their own election laws.

Published July 3, 2025
VERDICT
True

# Fact Check: "The U.S. Constitution allows states to determine their own election laws." ## What We Know The claim that the U.S. Constitution allows...

Fact Check: "The U.S. Constitution allows states to determine their own election laws."

What We Know

The claim that the U.S. Constitution allows states to determine their own election laws is rooted in Article I, Section 4, Clause 1, commonly referred to as the Elections Clause. This clause states, "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators" (U.S. Constitution Annotated). This indicates that while states have the authority to regulate the conduct of elections, Congress retains the power to intervene and alter these regulations.

The Supreme Court has interpreted this clause in several rulings, affirming that states have broad authority to manage election procedures, including voter registration, the conduct of elections, and the counting of votes (Article I Section 4 - Constitution Annotated). For instance, in Smiley v. Holm, the Court recognized that states could enact comprehensive regulations governing elections (U.S. Constitution Annotated).

Analysis

The evidence supports the claim that the U.S. Constitution grants states the authority to determine their own election laws. The Elections Clause explicitly allows state legislatures to prescribe the "Times, Places and Manner" of elections, which has been upheld by the Supreme Court in various cases. For example, the Court has ruled that states can establish procedures for elections, including voter registration and the counting of ballots (Voting rights laws and constitutional amendments).

However, this authority is not absolute. Congress can enact laws that override state regulations, particularly when it comes to ensuring uniformity in federal elections. The Court has emphasized that while states have primary authority, this is a "default provision," meaning Congress can preempt state laws if it chooses to do so (The Elections Clause: States' Primary Constitutional Authority Over Elections). This dual authority creates a complex relationship between state and federal election laws.

The reliability of the sources used in this analysis is high. The U.S. Constitution Annotated and Congress.gov are authoritative legal resources that provide accurate interpretations of constitutional provisions. Additionally, the U.S. Government's official website (USAGov) offers a comprehensive overview of voting rights laws and their historical context, further supporting the claim.

Conclusion

Verdict: True
The U.S. Constitution does allow states to determine their own election laws, as articulated in the Elections Clause. While Congress has the power to intervene and modify these laws, the primary responsibility for regulating the conduct of elections lies with the states. This interpretation is supported by both constitutional text and judicial precedent.

Sources

  1. States and the Elections Clause | U.S. Constitution Annotated | US Law
  2. Article I Section 4 - Constitution Annotated | Congress.gov
  3. Voting rights laws and constitutional amendments | USAGov
  4. The Elections Clause: States' Primary Constitutional Authority Over Elections
  5. Voters and Voting Rights | Presidential Elections and Voting in U.S.

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You can see it, for example, in the cuts at the National Institutes of Health, which are so tilted against racial minorities that a federal judge — one appointed by Ronald Reagan! — declared I’ve never seen a record where racial discrimination was so palpable. I’ve sat on this bench now for 40 years. I’ve never seen government racial discrimination like this. You can see it in the renaming of military bases after Confederate generals — that is, traitors who fought for slavery. You can even see it in a change in the military’s shaving policy that is clearly custom-designed to drive Black men — who account for around a quarter of the Army’s new recruits — out of the service. So racism and bigotry are back, big time. Who’s safe? Nobody. Are you a legal immigrant? Well, the Supreme Court just allowed Trump to summarily strip half a million U.S. residents of that status, and only a fool would imagine that this is the end of the story. 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Fact Check: The U.S. Constitution allows states to determine their own election laws. | TruthOrFake Blog