FOR MOST OF the last 162 years, Congress has regulated the "manner" of congressional elections by imposing a requirement that its members be elected from single-member districts. In doing so, it has presumed to exercise its authority under Article I, Section 4, the "Elections Clause," of the Constitution, which provides: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of ch[oo]sing Senators.
Schwartz, Robert Alexander
"The Nature of Consent in the American Republic: Substance or Procedure? The Elections Clause and SingleMember Congressional Districts,"
University of San Francisco Law Review: Vol. 38:
3, Article 3.
Available at: https://repository.usfca.edu/usflawreview/vol38/iss3/3