Congress Can Regulate Primary Elections For Senate

1921

A Senate candidate in Michigan’s primary election challenges the constitutionality of the Federal Corrupt Practices Act after he is convicted of violating federal limits on the amount of money that can be used in primary and general elections. In Newberry v. United States, the Supreme Court rules that although the Seventeenth Amendment changed who elects senators (from state legislators to voters in each state), it did not modify Article I, section 4 of the Constitution. That provision gives Congress the power to determine the time, place, and manner of holding Senate elections.