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How Weak Federal Ethics Laws Enable Presidential Profiteering

How Weak Federal Ethics Laws Enable Presidential Profiteering

The Iran War’s Price Tag: Billions Lost While Americans Go Without

The Iran War’s Price Tag: Billions Lost While Americans Go Without

Protestors holding signs, many that say "Stop Bombing Iran."

Trump’s ‘Just for Fun’ War Talk Shows a Dangerous Trivialization

Is The War on Iran Unlawful And Unfair To U.S. Troops?

Is The War on Iran Unlawful And Unfair To U.S. Troops?

With the focus on the voting posters, the people in the background of the photo sign up to vote.

Stop Fighting Voter ID. Start Defining It.

Mississippi's election law designed for racial discrimination, suit alleges

Rep. Bennie Thompson

"To our knowledge, this is the last vestige of Southern discrimination in the electoral process," Rep. Bennie Thompson told NPR.

Gabriella Demczuk/Getty Images
The Fulcrum
By The FulcrumSep 25, 2019
The Fulcrum
The Fulcrum staff.
See More Writings by author

Mississippi, normally as Republican red as any state, is expecting one of its closest gubernatorial races in years. But four African-American voters have sued in federal court to block the conduct of the election under the state's unique system, which they argue is racially discriminatory.

Since the 1890s, governors and other statewide candidates have had to win a two-tiered contest — securing not only a majority of the votes statewide, but also carrying most of the 122 state House districts. If no candidate crosses both thresholds then the state House, now solidly Republican, picks the winner.

The plaintiffs say the records of the 19th century legislative debate make clear that the system was designed explicitly to make sure an African-American could not win statewide, and none ever has.

The suit is being pushed by the National Redistricting Foundation, a political action committee headed by former U.S. Attorney General Eric Holder and affiliated with the National Democratic Redistricting Committee.

"To our knowledge, this is the last vestige of Southern discrimination in the electoral process," Rep. Bennie Thompson, the state's sole African-American member of Congress since 1993, told NPR. "I could win the popular vote and lose the vote of the Mississippi Legislature and it would nullify the will of the people."

Political handicappers say the open-seat contest between the Democratic state attorney general, Jim Hood, and the Republican lieutenant governor, Tate Reeves, could go either way in November. Both candidates are white. Also up for grabs are all the seats in the state House, where the GOP now holds a 60 percent majority. (Only one-third of the legislative districts have a majority-black electorate.)

The second part of the unique election system has been invoked only once. Twenty years ago, the last time a Democrat was elected governor, Ronnie Musgrove fell short of winning a majority of the districts but got the job because the state House was then in Democratic hands.


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Javon Jackson, center, was able to register to vote following passage of a 2019 Nevada law that restored voting rights to formerly incarcerated individuals.

AP Photo/John Locher

The Nation Is Missing Millions of Voters Due to Lack of Rights for Former Felons

If you gathered every American with a prison record into one contiguous territory and admitted it to the union, you would create the 12th-largest state. It would be home to at least 7 million to 8 million people and hold a dozen votes in the Electoral College.

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The proposed SAVE Act and MEGA Act would require proof of citizenship to register to vote, risking the disenfranchisement of millions of eligible Americans.

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The SAVE Act is a Solution in Search of A Problem

The federal government seems to be barreling toward a federal election power grab. Trump's State of the Union address called for the Senate to push through the SAVE Act, which has already passed the House, in the name of so-called "election integrity." And the SAVE Act isn’t the only such bill. Like the SAVE Act, the Make Elections Great Again (MEGA) Act—introduced in the House—would require voters to provide a document outlined in the Act that allegedly proves their U.S. citizenship. We’ve been down this road before in Texas, and spoiler alert: it was unworkable.

Both the SAVE and MEGA Acts would disenfranchise millions of eligible U.S. citizens without making our federal elections more secure. They seek to roll out a faulty federal voter registration system, despite the existing separate registration and voting process for state and local elections. And these Acts target a minuscule “problem”—but would unleash mass voter purges and confusion.

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NPVIC is an agreement among U.S. states and the District of Columbia to award all their electoral votes to the presidential ticket that wins the overall popular vote in all 50 states and the District of Columbia. It is considered a pragmatic, voluntary state-based initiative because it aims to ensure the winner of the national popular vote wins the presidency without requiring a constitutional amendment, operating instead within the existing Electoral College framework by utilizing states' constitutional authority to appoint electors. If enough states join the NPVIC to reach a total of 270 electoral votes, the United States will effectively shift from a winner-take-all (WTA) regime to a national popular vote system for electing the President.

With Virginia's adoption, the National Popular Vote Interstate Compact will be adopted by eighteen states and the District of Columbia, collectively holding 222 electoral votes. The compact requires 270 electoral votes (a majority of the 538 total) to take effect. It currently needs forty-eight more electoral votes to become active.

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With the focus on the voting posters, the people in the background of the photo sign up to vote.

Should the U.S. nationalize elections? A constitutional analysis of federalism, the Elections Clause, and the risks of centralized control over voting systems.

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The renewed push to nationalize American elections, presented as a necessary reform to ensure uniformity and fairness, deserves the same skepticism our founders directed toward concentrated federal power. The proposal, though well-intentioned, misunderstands both the constitutional architecture of our republic and the practical wisdom in decentralized governance.

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The Constitution grants states explicit authority over the "Times, Places and Manner" of holding elections, with Congress retaining only the power to "make or alter such Regulations." This was not an oversight by the framers; it was intentional design. The Tenth Amendment reinforces this principle: powers not delegated to the federal government remain with the states and the people. Advocates for nationalization often cite the Elections Clause as justification, but constitutional permission is not constitutional wisdom.

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