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 Place of Chusing Senators.
Comments: This provision delegates to the state legislatures (not the executive or judicial branch) the authority to determine the time, place and manner of electing Senators; however, the provision also granted Congress the authority to supersede state law.
Regarding the authority for Congress to supersede the States, the Anti-Federalist were troubled that Congress would manipulate election laws so that they could stay in office longer.
Countering, Hamilton stated in The Federalist No. 59, "every government ought to contain within itself the means of its own preservation." He thought, however, that Congress would exercise this power only "whenever extraordinary circumstances might render that interposition necessary to its safety."
Furthermore, the provision requires that "Congress," (i.e., both sides) as a whole was needed to supersede state law. As a result, because the Constitution was originally ratified with the House representing the people and the Senate representing the States - having both houses of Congress agree, meant a national consensus was met, which provided additional safety.
However, despite Hamilton's thoughts of Congress acting only in "extraordinary circumstances," it has actually had a significant foot print. Congress has passed many Voting Rights Acts, such as the Enforcement Act of 1870 (curbed the abusive electoral process), Voting Rights Acts of 1965 (prohibitions on racial discrimination in voting), 1970 Voting Rights Act (reduced the voting age to 18 in state and federal elections); and it has passed numerous amendments, such as the Fifteenth Amendment (prohibited voter discrimination on the basis of race), Seventeenth Amendment (popular election for Senators), Nineteenth Amendment (prohibited voter discrimination on the basis of sex), Twenty-fourth Amendment (prohibited poll taxes in federal elections), and Twenty-sixth Amendment (gave 18 year olds the right to vote).
State laws are still important; however. As States, for example, are still in control of the rules for recounts and for replacing candidates who drop out shortly before the election, etc.
Primary Source. The Heritage Guide to the Constitution.
