In Congress We Trust?
Enforcing Voting Rights from the Founding to the Jim Crow Era
Will be published approx. on 31. August 2026
Book
Hardback
400 pages
978-1-009-78164-0 (ISBN)
Description
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.
Reviews / Votes
'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 'Dean Franita Tolson is the foremost election law scholar of her generation. This book is an absolute tour de force. Tolson's historical knowledge is breathtaking. She skillfully deploys America's tortured struggle to provide voting rights to excluded groups and to administer elections to tell a masterful story about the scope of Congressional power. This is a field-defining book. Tolson unfurls her argument in a manner that is both majestic and intellectually elegant. She convincingly shows that Congress has significantly more authority over both federal and state elections than we understood. In Congress we Trust? will become the reference point for assessing the vast reserve of Congressional power over American democratic politics. Tolson has ushered us into a new era. This book is both a reference point and a standard.' Guy-Uriel Emmanuel Charles, Charles J. Ogletree Jr. Professor of Law, Harvard Law SchoolMore details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
College/higher education
Illustrations
Worked examples or Exercises
ISBN-13
978-1-009-78164-0 (9781009781640)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Book
approx. 08/2026
Cambridge University Press
€40.00
Not yet published
Person
Franita Tolson, Dean of University of Southern California (USC) Gould School of Law, is one of the nation's leading experts on election law and constitutional history. She has testified before Congress on voting rights, advised lawmakers and institutions on election reform, and served as a consultant on redistricting and voting rights litigation nationwide. A frequent media commentator for outlets such as CNN, MSNBC, and The New York Times, Tolson is also a co-author of the leading election law casebook, The Law of Democracy (Foundation Press, 2022).
Content
Introduction: the lost story of federal voting rights enforcement; Part I. Federalism and Republicanism as Political Norms: The Structural Constitution, State Political Systems, and the Regulation of Federal Elections: 1. Federal power under the guarantee clause amidst changing notions of republicanism; 2. Federalism as a political construct?: Federal power under the elections Clause and Article I, Section 5; Part II. From Madison's Republic to Jackson's Democracy: The Constitution of Political Rights and the Evolution of Political Communities: 3. Constructing 'we the people' and 'we the voters': a tale of two polities; 4. The fight to expand the boundaries of 'we the voters': from alter or abolish to the right to vote; Part III. Reconstruction: 5. Reinventing federalism?: The shift towards a national conception of voting and elections; 6. 'In whom is the right of suffrage?': Reconstruction legislation as political community redefined; Part IV. The Politics of Exclusion?: The Triumph of Partisan Politics over Broad Enfranchisement: 7. Voting as deservedness: policing the political community of 'we the voters'; 8. Congressional power at its nadar: federalism, judicial supremacy, and the long kiss goodnight; 9. In congress we trust?: A final curtain call for the reconstruction project; Epilogue: in congress we trust?; Lessons from a failed political experiment.