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that, with respect to Federal elections, an irements of pre-election registration. In this r than any prior Federal statute. Still, under the power to substitute its judgment for that ite was involved in Marston v. Lewis or Burns ey Clause, Art. VI, cl. 2, a valid Federal statute vs. See, e.g., Ex parte Siebold, 100 U.S. 371

ne subject of legislation is within the power of the validity of the means chosen by Congress the applicable test is that set forth in McCul (1819). Cf. South Carolina v. Katzenbach, 383 States v. Classic, 313 U.S. 299, 320 (1941). The 17 U.S. at 420):

let it be within the scope of the constitution, opriate, which are plainly adapted to that end consist with the letter and spirit of the consti'ootnote omitted.)

· McCulloch standards. Its purpose is to facilitate ions. Its means, including the requirement that be permitted, are appropriate. Finally, the bill is ion. It would not affect the power of the states voting. See § 6(c) of the bill. Its procedures, e.g., e designed to protect against fraudulent registraFederal civil and criminal sanctions, which would medies.

PRESIDENTIAL ELECTIONS

the states the matter of determining the manner s are to be appointed. Art. II, § 1, cl. 2. Congress when the electors are chosen, but Congress has no the "manner" of choosing them. Art. II, § 1, cl. 3. 1 that presidential electors are state officers. See Irlan's opinion (dissenting in part) in Oregon v. footnote 89 (1970).

has upheld Federal statutes relating to certain ions. In Burroughs v. United States, 290 U.S. 534, the Corrupt Practices Act of 1925, the Court stated

as are not officers or agents of the federal governS 377, 379), they exercise federal functions under, de of authority conferred by, the Constitution of sident is vested with the executive power of the his election and the vital character of its relationwelfare and safety of the whole people cannot be That Congress is without power to pass appropriate han election from the improper use of money to deny to the nation in a vital particular the power undoubtedly, possesses that power, as it possesses to preserve the departments and institutions of in impairment or destruction, whether threatened

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supra, 424 U.S. at 13-14, footnote 16, where the it has "recognized broad congressional power to the elections of the President and Vice President." Terences between the present bill and the statutes However, the fact remains that the President is

ederal legislation concerning elections, see Guido, Power
tration for Federal Elections, Hearings on the Concept
before a Subcommittee of the House Committee on Post
20 Sess., Ser. No. 92-51 (1972), p. 444.
Sat 544, the Supreme Court pointed out that: "Neither
it [the Corrupt Practices Act] interfere with
the manner in which their appointment shall

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