10,931

1

be prescribed in each State by the legislature thereof, but

2

the Congress may at any time b y law make or alter such

3

regulations except as to the places of choosing Senators.

4

By that section, the Federal Government has

6

preempted the field of Congressional elections.

6

By the section which is proposed to be included

7

in the Constitution, the convention is being asked to

8

invade a field that has already been preempted. We believe

9

that this section is not necessary, the fact that it is

10

unnecessary is demonstrated by the omission of such a

11

provision from the model State Constitution.

12

If we adopt the section, we may very well find

13

ourselves in a position where the standards and procedures

14

which are prescribed in this proposed section will freeze

15

into our Constitution standards and procedures which are

16

inconsistent with the Federal Constitution, or with law

17

which might be adopted pursuant to the Federal Constitution.

18

If we adopt such a thing as the fixed percentage

19

of a ten percent variance permitted under the proposed

20

sections, we may well find ourselves freezing into our

21

Constitution a percentage which is inconsistent with that