Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
U.S. Const. art. I, § 4 | U.S. Constitution (Georgia Annotations)

CONSTITUTION OF THE UNITED STATES OF AMERICA

Chapter us information not found

ARTICLE I.

Section 4. [Elections of Senators and Representatives, Meetings]

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.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Cross references.

- Manner of holding elections, Ga. Const. 1983, Art. II and §§ 21-2-267,21-2-280,21-2-380 through21-2-390,21-2-400 et seq., and21-2-540.

Times of elections, §§ 21-2-150,21-2-541.

Places of elections, §§ 21-2-265,21-2-266,21-2-269.

Editor's notes.

- The date on which Congress shall assemble each year has been modified by U.S. Const., amend. 20, sec. II.

Law reviews.

- For article, "Speech and Campaign Reform: Congress, The Courts and Community," see 14 Ga. L. Rev. 195 (1980). For comment on South v. Peters, 339 U.S. 276, 70 S. Ct. 641, 94 L. Ed. 834 (1950) denying federal jurisdiction in case involving apportionment, see 2 Mercer L. Rev. 275 (1950). For comment, "Between Judgment and Law: Full Faith and Credit, Public Policy, and State Records," see 62 Emory L.J. 639 (2013).

JUDICIAL DECISIONS

State congressional apportionment laws.

- Nothing in the language of U.S. Const., art. I, sec. IV gives support to a construction that would immunize state congressional apportionment laws which debase citizen's right to vote from power of courts to protect constitutional rights of individuals from legislative destruction. Wesberry v. Sanders, 376 U.S. 1, 84 S. Ct. 526, 11 L. Ed. 2d 481 (1964).

Regulation of mixed state-federal election.

- The United States Constitution's necessary and proper clause, U.S. Const., art. I, sec. VIII, cl. 18, along with U.S. Const., art. I, sec. IV, empowers Congress to regulate mixed federal-state elections, even if the federal candidate is unopposed. United States v. McCranie, 169 F.3d 723 (11th Cir. 1999).

Cited in Cook v. Fortson, 68 F. Supp. 624 (N.D. Ga. 1946); South v. Peters, 89 F. Supp. 672 (N.D. Ga. 1950); Bond v. Fortson, 334 F. Supp. 1192 (N.D. Ga. 1971); Public Citizen, Inc. v. Miller, 813 F. Supp. 821 (N.D. Ga.)

RESEARCH REFERENCES

ALR.

- Application of equal protection principle recognized in Bush v. Gore, 531 U.S. 98, 121 S. Ct. 525, 148 L. Ed. 2d 388 (2000), to elections cases, 104 A.L.R.6th 547.