The Legal Theory Bookworm recommends In Congress We Trust?: Enforcing Voting Rights from the Founding to the Jim Crow Era by Franita Tolson.
Here is the book description from the Amazon page:
This book reveals how Congress quietly shaped American elections across more than a century of constitutional development. Far from a passive observer, Congress used its authority to influence key controversies — from the expansion of slavery in new territories to the reconstruction of the post-Civil War electorate. Congress exercised power under the Elections Clause, the Guarantee Clause, and later, the Fourteenth and Fifteenth Amendments, to combat voter suppression, reimagine representation, and determine who could (and could not) participate in American democracy. Even as Jim Crow laws disenfranchised millions, Congress continued to review and sometimes overturn the elections of its own members, refusing to cede complete control to the states. In doing so, Congress routinely subordinated federalism to politics. In Congress We Trust? provides a new perspective on who truly governs our system of elections by showing that federal authority has been broad, lasting, and decisive.
Here are some reviews:
“Franita Tolson brings a fresh perspective to the relevant history of voting rights in the United States. Tolson is a beautiful writer, and she effectively employs her immense talents in this highly informative, illuminating, and insightful combination of narrative and analysis. Tolson is the unrivaled master of this topic, and this book is now the go-to source for understanding it.” — Edward B. Foley, The Ohio State University
“An extraordinary historical account of the untapped reservoir of congressional authority over elections. Tolson weaves a world of 19th century contestation in terms of partisanship, slavery, and the changed dynamics of party control of politics. Out of this emerges an underutilized constitutional guarantee for how our flailing electoral system might be revitalized. A wonderful achievement.” — Samuel Issacharoff, NYU School of Law
“Tolson’s detailed study of 19th century election law suggests that obscure clauses of the constitution — the Elections Clause, the contested congressional elections clause, and the 14th amendment’s reduction of representation provision — may provide ways to circumvent recent Supreme Court limitations of the Voting Rights Act.” — J. Morgan Kousser, California Institute of Technology
“Professor Tolson offers an original, comprehensive, and deeply researched account of Congress and its oft-overlooked powers to enforce the Constitution to advance American democracy. At a time when Congress is diminished and American democracy is in decline, Tolson’s book is a timely reminder of Congress’s constitutional authority to mandate a more participatory and egalitarian democracy.” — Bertrall Ross, UC Berkeley School of Law
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