Me. Justice McReynolds
delivered the opinion of the court.
Plaintiffs in error — Trumán H. Newberry, Paul H. King and fifteen others — were found guilty of conspiring (Criminal Code, §37) .to violate §8, Act of Congress approved June 25, 1910, c. 392, 36 Stat. 822-824, as amended by Act of August 19,1911, c. 33, 37 Stat. 25-29,— The Federal Corrupt Practices Act — which provides: “No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or cause to be given, contributed, expended, used, or promised, in procuring his nomination and election, any sum, in the aggregate, in excess of the amount which he may lawfully give, contribute, expend, or promise under the laws of the State in which he resides: Provided, That no candidate for Representative in Congress shall give, contribute, expend, usé, or promise any sum, in the aggregate, exceeding five thousand dollars in any campaign for his nomination and election; and no candidate for Senator of the United States shall give, contribute, expend, use, or promise any sum, in the aggregate, exceeding ten thousand dollars in any campaign for his nomination and election: Provided further, That money expended by any such candidate to meet and'discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or for his necessary personal expenses, incurred for himself alone, for travel and subsistence, stationery [244]*244and postage, writing or printing (other than in newspapers), and distributing letters, circulars, and posters, and for telegraph and telephone service, shall not be regarded as an expenditure within the meaning of this section, and shall not be considered any part of the sum herein fixed as the limit of expense and need not be shown in the statements herein required to be filed.”
Act No. 109, § 1, Michigan Legislature, 1913, prohibits expenditure by or on behalf of a candidate, to be paid by him, in securing his nomination, of any sum exceeding twenty-five per céntima of one year’s compensation; and puts like limitation upon expenditures to obtain election after nomination. Section 1 is copied below.1
Taken with ühe state enactment, the federal statute in effect declares a candidate, for the United States .Senate, punishable by fine and imprisonment, if (except foi cer[245]*245tain specified purposes) he give, contribute, expend, use, promise or cause to be given, contributed, expended, used or promised in procuring his nomination and election more than $3,750.00 — one-half of one year’s salary. Under the construction of the act urged .by the Government and adopted by the court below it is not necessary that the inhibited sum be paid, promised or expended by the candidate himself, or be devoted to any secret or immoral purpose. For example, its open and avowed contribution and use by supporters upon suggestion by him or with his approval and cooperation in order to promote public discussion and debate touching vital questions or to pay necessary expenses of speakers, etc., is enough. And upon such interpretation the conviction below was asked and obtained.
The indictment charges: That Truman H. Newberry became a candidate for the Republican nomination for United States Senator from' Michigan at the primary election held August-27, 1918; that by reason of selection and nomination therein he became a candidate at the general election, November 5, 1918; that he and 134 others (who are named) at divers times from December 1, 1917, to November 5, 1918, unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense on his part of wilfully violating the Act of Congress approved June 25, 1910,' as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used, in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars, to wit, $100,000.00, and on the part of the other defendants of aiding, counseling, inducing, and procuring Newberry as such candidate to give, contribute, expend, and use or cause to be given, contributed, expended and used said large and excessive sum in order to procure his nomination [246]*246and election. Plaintiffs in error were convicted under count one, set out in the margin.1
[247]*247The court below overruled a duly interposed demurrer which challenged the constitutionality of § 8; and by so doing we'think fell into error.
Manifestly, this section applies not only to final elections for choosing Senators but also to primaries and conventions of political parties for selection of candidates. Michigan and many other States undertake to control -these primaries by statutes and give recognition -to their results. And the ultimate question for solution here is whether under the grant of power to regulate “the manner of holding elections ” Congress may fix the maximum sum which a candidate therein may spend, or advise or cause to be contributed and spent by others to procure his nomination.
Section 4, Art. I, of the Constitution provides: “The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State [248]*248by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.” Here is the source of congressional power oyer the elections specified. It has been so declared by this court—Ex parte Siebold, 100 U. S. 371; United States v. Gradwell, 243 U. S. 476, 481—and the early discussions clearly show that this was then the accepted opinion. The Federalist, LVIII, LIX, LX; Elliot’s Debates, vol. II, 50, 73, 311; vol. Ill, 86, 183, 344, 375; vol. IV, 75, 78, 211.
[249]*249We find' no support in reason or authority for the argument that because the offices were created by the Constitution, Congress has some indefinite, undefined power over elections for Senators and Representatives not derived from § 4. “The government, then, of the United States, can claim no powers which are not granted to it by the Constitution, and the powers actually granted, must be such as are expressly given, or given by necessary implication.” Martin v. Hunter's Lessee, 1 Wheat. 304, 326. Clear constitutional provisions also negative any possible inference of such authority because of the supposed anomaly “if one government had the unrestricted power to control matters affecting the choice of the officers of another.” Mr. Iredell (afterwards of this court) in the North Carolina Convention of 1788, pointed out that the States may — must indeed — exert some unrestricted control over the Federal Government. “The very existence of the general government depends on that of the state governments. The state legislatures are to choose the senators. Without a Senate there can be no Congress. The state legislatures are also to direct -the manner of choosing the President. Unless, therefore, there are state legislatures to direct that manner, no President can be chosen.
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Me. Justice McReynolds
delivered the opinion of the court.
Plaintiffs in error — Trumán H. Newberry, Paul H. King and fifteen others — were found guilty of conspiring (Criminal Code, §37) .to violate §8, Act of Congress approved June 25, 1910, c. 392, 36 Stat. 822-824, as amended by Act of August 19,1911, c. 33, 37 Stat. 25-29,— The Federal Corrupt Practices Act — which provides: “No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or cause to be given, contributed, expended, used, or promised, in procuring his nomination and election, any sum, in the aggregate, in excess of the amount which he may lawfully give, contribute, expend, or promise under the laws of the State in which he resides: Provided, That no candidate for Representative in Congress shall give, contribute, expend, usé, or promise any sum, in the aggregate, exceeding five thousand dollars in any campaign for his nomination and election; and no candidate for Senator of the United States shall give, contribute, expend, use, or promise any sum, in the aggregate, exceeding ten thousand dollars in any campaign for his nomination and election: Provided further, That money expended by any such candidate to meet and'discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or for his necessary personal expenses, incurred for himself alone, for travel and subsistence, stationery [244]*244and postage, writing or printing (other than in newspapers), and distributing letters, circulars, and posters, and for telegraph and telephone service, shall not be regarded as an expenditure within the meaning of this section, and shall not be considered any part of the sum herein fixed as the limit of expense and need not be shown in the statements herein required to be filed.”
Act No. 109, § 1, Michigan Legislature, 1913, prohibits expenditure by or on behalf of a candidate, to be paid by him, in securing his nomination, of any sum exceeding twenty-five per céntima of one year’s compensation; and puts like limitation upon expenditures to obtain election after nomination. Section 1 is copied below.1
Taken with ühe state enactment, the federal statute in effect declares a candidate, for the United States .Senate, punishable by fine and imprisonment, if (except foi cer[245]*245tain specified purposes) he give, contribute, expend, use, promise or cause to be given, contributed, expended, used or promised in procuring his nomination and election more than $3,750.00 — one-half of one year’s salary. Under the construction of the act urged .by the Government and adopted by the court below it is not necessary that the inhibited sum be paid, promised or expended by the candidate himself, or be devoted to any secret or immoral purpose. For example, its open and avowed contribution and use by supporters upon suggestion by him or with his approval and cooperation in order to promote public discussion and debate touching vital questions or to pay necessary expenses of speakers, etc., is enough. And upon such interpretation the conviction below was asked and obtained.
The indictment charges: That Truman H. Newberry became a candidate for the Republican nomination for United States Senator from' Michigan at the primary election held August-27, 1918; that by reason of selection and nomination therein he became a candidate at the general election, November 5, 1918; that he and 134 others (who are named) at divers times from December 1, 1917, to November 5, 1918, unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense on his part of wilfully violating the Act of Congress approved June 25, 1910,' as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used, in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars, to wit, $100,000.00, and on the part of the other defendants of aiding, counseling, inducing, and procuring Newberry as such candidate to give, contribute, expend, and use or cause to be given, contributed, expended and used said large and excessive sum in order to procure his nomination [246]*246and election. Plaintiffs in error were convicted under count one, set out in the margin.1
[247]*247The court below overruled a duly interposed demurrer which challenged the constitutionality of § 8; and by so doing we'think fell into error.
Manifestly, this section applies not only to final elections for choosing Senators but also to primaries and conventions of political parties for selection of candidates. Michigan and many other States undertake to control -these primaries by statutes and give recognition -to their results. And the ultimate question for solution here is whether under the grant of power to regulate “the manner of holding elections ” Congress may fix the maximum sum which a candidate therein may spend, or advise or cause to be contributed and spent by others to procure his nomination.
Section 4, Art. I, of the Constitution provides: “The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State [248]*248by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.” Here is the source of congressional power oyer the elections specified. It has been so declared by this court—Ex parte Siebold, 100 U. S. 371; United States v. Gradwell, 243 U. S. 476, 481—and the early discussions clearly show that this was then the accepted opinion. The Federalist, LVIII, LIX, LX; Elliot’s Debates, vol. II, 50, 73, 311; vol. Ill, 86, 183, 344, 375; vol. IV, 75, 78, 211.
[249]*249We find' no support in reason or authority for the argument that because the offices were created by the Constitution, Congress has some indefinite, undefined power over elections for Senators and Representatives not derived from § 4. “The government, then, of the United States, can claim no powers which are not granted to it by the Constitution, and the powers actually granted, must be such as are expressly given, or given by necessary implication.” Martin v. Hunter's Lessee, 1 Wheat. 304, 326. Clear constitutional provisions also negative any possible inference of such authority because of the supposed anomaly “if one government had the unrestricted power to control matters affecting the choice of the officers of another.” Mr. Iredell (afterwards of this court) in the North Carolina Convention of 1788, pointed out that the States may — must indeed — exert some unrestricted control over the Federal Government. “The very existence of the general government depends on that of the state governments. The state legislatures are to choose the senators. Without a Senate there can be no Congress. The state legislatures are also to direct -the manner of choosing the President. Unless, therefore, there are state legislatures to direct that manner, no President can be chosen. The same observation may be made as to the House of Representatives, since, as they, are to be chosen by the electors of the most numerous branch of each state legislature, if there are no state legislatures, there are no persons to choose the House of Representatives. Thus it is evident that the very existence of the general government depends on that of the state legislatures.” Elliot’s Debates, vol. IV, p. 52. See also The Federalist, XLIY. The federal features of our Government are so clear and have been so often declared that no valuable discussion can proceed upon the opposite assumption.
Undoubtedly elections within the original intendment [250]*250of § 4 were those wherein- Senators should be chosen by Legislatures and Representatives by voters possessing “the qualifications requisite for electors of the most numerous branch of the State Legislature.” Art. I, §§ 2 and 3. The Seventeenth Amendment, which directs that Senators be chosen by the people, neither announced nor requires a new meaning of election and the word now has the same general significance as it did when the Constitution came into existence — final choice of an officer by the duly qualified electors. Hawke v. Smith, 253 U. S. 221. Primaries were then unknown. Moreover, they are in no sense elections for an office, but merely methods by which party adherents agree upon candidates whom they intend to offer and support, for ultimate choice by all qualified electors. General provisions touching elections in constitutions or statutes are not necessarily applicable to primaries — the two things are radically different. And this view has been declared by many state courts. People v. Cavanaugh, 112 California, 674; State v. Erickson, 119 Minnesota, 152; State v. Taylor, 220 Missouri, 618; State v. Woodruff, 68 N. J. L. 89; Commonwealth v. Wells, 110 Pa. St. 463; Ledgerwood v. Pitts, 122 Tennessee, 570.
Sundry provisions of the Constitution indicate plainly enough what its framers meant by elections and the “manner of holding ” them. “The House of Representatives shall be composed of members chosen every second year by the people of the several States.” “No person shall be a Representative. . . who shall not, when elected, be an inhabitant of that State in which he shall be chosen.” “When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.” “Immediately after they [the Senators] shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes.” “No person [251]*251shall be a Senator . . . who shall not, when elected, be an inhabitant of that State for which he shall be chosen.” “Each House shall be the judge of the elections, returns and qualifications of its own members.” “No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office,” etc. “The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows.” “The President shall, at stated times, receive for his services a compensation, which shall'neither be increased nor diminished during the period for which ■he shall have been elected.” And provisions in the Seventeenth Amendment are of like effect.
The plain words of the Seventeenth Amendment and those portions of the original Constitution directly affected by it, should be kept in mind. Art. I, § 3 — “The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes.” “And if vacancies happen by resignation, or otherwise, during the’ recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.” Seventeenth Amendment — “The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall [252]*252issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointment until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part .of the Constitution.”
As finally submitted and adopted the Amendment does not undertake to modify Art. I, § 4, the source of congressional power to regulate the times, places and manner of holding elections. That section remains “intact and applicable both to the election of Representatives and Senators.” (Cong. Rec., vol. 46, p. 848.) When first reported, January 11, 1911, by Senator Borah for the Judiciary Committee, the proposed Seventeenth Amendment contained a clause providing, “The times, places and manner of holding elections for Senators shall be as prescribed in each state by the legislature thereof ’ ’— the avowed purpose being thereby to modify § 4, Art. I, by depriving Congress of power to regulate the manner of holding elections for Senators. (A copy, of the original resolution as presented to the Senate is in the margin.)1 [253]*253Upon recommendation of a minority of the Judiciary Committee this clause was eliminated and reference to § 4, Art. I, omitted from the Resolution. After pro-. longed debate in the 61st 'and 62nd Congresses the Amendment in its present form was submitted for ratification. See Sen. Rep. 961, 61st Cong., 3rd sess.; Sen. Rep. 35, 62nd Cong., 1st sess.; Cong. Rec. vol. 46, pp. 847, 851, et seq.; vol. 47, passim, and pp. 1924, 1925, 1966.
Apparently because deemed unimportant no counsel on either side referred to “An Act Providing a temporary, method of conducting the nomination • and election of United States Senators,” approved June 4, 1914, c.' 103, 38 Stat. 384. To show its irrelevancy and prevent misapprehension the act is copied in the margin.1 Section [254]*2542,.which contains the only reference to nomination of candidates for Senator, expired by express limitation June 4, 1917, more than a year prior to the conduct here challenged. The act has no criminal provisions, makes no reference to the earlier statute upon which this prosecution is founded and sheds no light on the power of Congress to regulate primaries and conventions. Its terms indicate intention that the machinery for designating party candidates shall remain under state control. But in no view can an attempt to exercise power be treated as conclusive evidence that Congress possesses such power. Otherwise serious discussion of constitutional limitations must cease. Moreover, the criminal statute now relied upon antedates the Seventeenth Amendment and must be tested by powers possessed at the time of its enactment. An after-acquired power can not ex proprio vigore validate a statute void when enacted. See Sutherland Stat. Constr., 2nd ed., vol. I, § 107.
[253]*253“An Act Providing a temporary method of conducting the nomination and election of United States Senators.
[254]*254A concession that the Seventeenth Amendment might [255]*255be applicable in this controversy if assisted by appropriate legislation would be unimportant since there is none. Section 2, Act of June 4, 1914, had expired by express limitation many months before Newberry became a candidate, and counsel very properly disregarded it.
[254]*254“Sec. 2. That in any State wherein a United States Senator is hereafter to be elected either at a general election or at any special election called by the executive authority thereof to fill a vacancy, until or unless otherwise specially provided by the legislature' thereof, the nomination of candidates for such office not heretofore made shall be made, the election to fill the same conducted, and the result thereof .determined, as near as may be in accordance with the laws of such State regulating the nomination of candidates for and election of Members at Large of the National House of Representatives: Provided, That in case no provision is made in any State for the nomination or election of Representatives at Large, the procedure shall be in accordance with the laws of such State respecting the ordinary executive and administrative officers thereof who are elected by the vote of the people of the entire State: And provided further, That in any case the candidate for Senator receiving the highest number of votes shall be deemed elected.
“Sec. 3. That section two of this Act shall expire by limitation at the end of three years from the date of its approval.”
Approved, June 4, 1914.
[255]*255Because deemed appropriate in order effectively to regulate the manner of holding general elections, this court has. upheld federal statutes providing for supervisors and prohibiting interference with them, declaring criminal failure by election officers to perform duties imposed by the State, and denouncing conspiracies to prevent voters from freely casting their ballots or having them counted. Ex parte Siebold, 100 U. S. 371; Ex parte Clarke, 100 U. S. 399; Ex parte Yarbrough, 110 U. S. 651; In re Coy, 127 IT. S. 731; United States v. Mosley, 238 U. S. 383. These enactments had direct and immediate reference to elections by the people and decisions sustaining them do not control the present controversy. Cóngress clearly exercised its power to regulate the manner of holding- an election when it directed that voting must be by written or printed ballot or voting machines, c. 154, 30 Stat. 836.
Section 4 was bitterly attacked in the State Conventions of 1787-1789, because of its alleged possible use to create preferred classes and finally to destroy the States. In defense, the danger incident to absolute control of elections by the States and the express limitations upon the power, were dwelt upon. Mr. Hamilton asserted: “The truth is that there is no method of securing to the rich the preference apprehended, but by prescribing qualifications of property either for those who may elect, or be elected. But this forms no part of the power to be conferred upon the National Government. Its authority would be expressly restricted to the regulation of the times, the places, and the manner of elections. The qualifications of the persons who may choose, or be chosen, as has been remarked upon other occasions, are defined and fixed [256]*256in the Constitution, and are unalterable by the Legislature/’' The- Federalist, LIX, LI. The history of the times indicates beyond reasonable doubt that, if the Constitution ^makers had claimed for this section the latitude we are now asked to sanction, it would not have been ratified. See Story on the Const., §§ 814, et seq.
Our immediate concern is with the clause which grants power by law to regulate, the “manner of holding elections for Senators and Representatives ” — not broadly to regulate them. As an incident to the grant there is, of course, power to make all laws which shall be necessary and proper for carrying it into effect. Art. I, § 8, cl. 18. Although the Seventeenth Amendment now requires Senators to be chosen by the people, reference to the original plan of selection by the legislatures may aid in interpretation.
Who should participate in the specified elections was clearly indicated — members of state legislatures and those having “the qualifications requisite for electors of the- most numerous branch of the state legislature.” Who should be eligible for election was also stated. “No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who .shall not, when elected, be an inhabitant of that State in which he shall be chosen.” “No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years- a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.” Two Senators were allotted to each State and the method was prescribed for deter-, mining the number of Representatives. Subject to these important limitations, Congress was empowered by law to regulate the times, places and manner of holding the elections, except as to the places of choosing Senators. • “These words are used without any veiled or obscure significance ” "but in their natural and usual sense.
[257]*257If it b,e practically true that under present - conditions a designated party candidate is necessary for an election— a preliminary thereto — nevertheless his selection is in no real sense part of the manner of holding the election. This does not depend upon the scheme by which candidates are put forward. Whether the candidate .be offered through primary, or convention, or petition, or request of a few, or as the result of his own unsupported ambition,' does not directly affect the manner of holding the election. Birth must precede but it is no part of either funeral or apotheosis.
Many things are prerequisites to elections or may affect their outcome — voters, education, means of transportation, health, public discussion, immigration, private animosities, even the face and figure of the candidate; but authority to regulate the manner of holding them gives no right to control any of these. It is settled, e. g., that the power to regulate interstate and foreign commerce does not reach whatever is essential thereto. Without agriculture, manufacturing, mining, etc., commerce could not exist, but this fact does not suffice to subject them to the control of Congress. Kidd v. Pearson, 128 U. S. 1.
Elections of Senators by state legislatures presupposed selection of their members by the people; but it would hardly be argued that therefore Congress could regulate such selection. In the Constitutional Convention, of 1787, when replying to the suggestion that state legislatures should have uncontrolled power over elections of members of Congress, Mr. Madison said: “It seems as improper in principle, though it might be less inconvenient in practice, to give to the state legislatures this great authority over the election of the representatives of the people in the general legislature, as it would be to give to the latter a like power over' the election of their representatives in the . state legislatures.” Supplement to Elliot’s Debates, vol. V, p. 402.
[258]*258' We cannot conclude that authority to control party primaries or conventions for designating candidates was bestowed on Congress by the grant of power to regulate the manner of holding elections. The fair intendment of the words does not extend so far; the framers of the Constitution did not ascribe to them any such meaning. Nor is this control necessary in order to effectuate the power expressly granted. On the other hand, its exercise would interfere with purely domestic affairs of the State and infringe upon liberties reserved to the people.
It should not be forgotten that, exercising inherent police power, the State may suppress whatever evils may be incident to primary or convention. As “Each House shall be the judge of the elections, returns and qualifications of its own members,” and as Congress may by law regulate the times, places and manner of holding elections, the National Government is not without power to protect itself against corruption, fraud or other malign influences.
The judgment of the court below must be reversed and the cause remanded for further proceedings in conformity with this opinion.
Reversed.
Mr. Justice McKenna concurs in this opinion as applied to the statute under consideration which was enacted prior to the Seventeenth Amendment; but he reserves the question of the power of Congress under that Amendment.