As a scholar in elections law and constitutional law, USC Gould School of Law Dean Franita Tolson noticed a dearth of research on Congress’ power over elections. A history of Congress’ role in protecting voting rights, Tolson thought, would provide important context as conflicts over voting rights roil the electorate today.
“There was something missing from the story we tell about congressional power over voting and how Congress historically used this power,” says Tolson, who also holds the Carl Mason Franklin Chair in Law at USC Gould. “It was a surprise to find that Congress has exercised more power over elections than people realize.”
Tolson’s resulting research is compiled in her newest book, “In Congress We Trust? Enforcing Voting Rights from the Founding to the Jim Crow Era,” which was released in July by Cambridge University Press.
The book is a historical examination of Congress’ influence over elections during the 18th and 19th centuries and how it exercised its power as laid out in the U.S. Constitution, including Article I, Section 5 (allowing Congress to review the elections of its members), the Elections Clause (allowing Congress to make or alter the administrative rules governing federal elections), the Guarantee Clause (mandating all states maintain a Republican form of government), and the 14th and 15th Amendments (addressing voting rights).
Despite these constitutional tools, Tolson notes that Congress eventually shied away from political controversies surrounding rebuilding and reintegrating the American South into the Union after a promising start following the Civil War; by the 1890s, voting rights for black men had become a political minefield. Tolson wanted to understand the context of Congress’s decisions which, in some ways, provide a framework for thinking about the institutional breakdowns reaching a head today.
“When (our) institutions are at odds, no one is helped,” she says. “Congress can’t go it alone. They need to draft legislation bolstered by public support. There has to be a convergence of the political branches, courts and public opinion.”
The question mark in the book title underscores Congress’ uneven record of protecting voting rights for minority populations, Tolson says, but she holds out hope that the book encourages Congress to take more decisive action to stop disenfranchisement.
Tolson’s next book, “In the People We Trust?” focuses on the power of public opinion to shape congressional action over voting and elections. While “In Congress We Trust?” is aimed at Congress, voters are the ultimate target for a scholar dedicated to protecting elections.
“I wanted (the book) out before the midterms because it gives me a platform to tell people to vote,” she says. “So much of our progress as a democracy is about pure power in politics. Congress’ view of what it can and can’t do is directly tied to how important certain things are to the public.”
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