Reply #17: These are state elections [View All]

[theboss]

The one thing people need to realize is that when discussing "equal protection," state action is the key.

A state may or may not be compelled to take an action. For example, a state is not forced by the Constitution to provide public education or public transportation or public housing or elder care. However, once a state commences an action such as providing public education, it has to abide by the federal Constitution, specifically the equal protection clause. In the 50s, during desegregation, a few states contemplated just ending public education instead of abiding by the USSC, which would have been permissable, if not insane.

Article I of the Constitution address the election of representatives. "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States. . ." Therefore, these have to be elected directly by the people, under the laws of the several state, in accordance to the Constitution.

The 18th Amendment parallels this language for senators.

There is no such language regarding the president.

As for local elections, those are not addressed at all in the Constitution. State officeholders would be regulated by the state constitution; local office holders by local statutes, etc. However, once the state holds an election, equal protection (along with the right to vote for women, minorities, and 18 year olds) must apply.