FREE BOOKS

Author's List




PREV.   NEXT  
|<   1127   1128   1129   1130   1131   1132   1133   1134   1135   1136   1137   1138   1139   1140   1141   1142   1143   1144   1145   1146   1147   1148   1149   1150   1151  
1152   1153   1154   1155   1156   1157   1158   1159   1160   1161   1162   1163   1164   1165   1166   1167   1168   1169   1170   1171   1172   1173   1174   1175   1176   >>   >|  
Amendment of no effect. There is nothing upon which it can operate. There being no voters, there is of course no "right to vote," to be "protected." So that every citizen of the United States is left completely at the mercy of the State. We will now consider that clause of the Constitution of the United States in which, _as Hamilton said_, the right of suffrage is defined and established for the citizens of the United States; which, nevertheless, has most strangely been regarded as conferring upon the States authority to disfranchise them. Article 1, sec. 2. "The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature." The section, it will be seen, consists of two clauses, but there _is not a word as to the sex_ of the elector. He or she must be one of the people, or citizens--that is all. The "People" elect. They vote in their respective States, of course; or, to use the words of Chief Justice Marshall, "when they act, they act in their States." (4 Wheaton, 403.) This first clause, then, fixes the class of persons to whom belong this right of suffrage--_Federal suffrage_--not State suffrage. It would be absurd in the Federal Constitution to undertake to deal with State suffrage, and it attempts nothing of the kind. The right of Federal suffrage, then, attaches or belongs to this class. The subsequent clause is subordinate to this, and relates not to the right, but to the exercise of it by the voter. In other words, it prescribes the qualifications of the elector, as to how he shall exercise the right; the time, place, and manner of voting, and the age at which the right shall be enjoyed. As to all these matters, which are included in the subject of "qualifications," instead of laying down a uniform rule, to be applicable all over the Union, the convention thought it best to adopt the regulations on this subject already in force in the several States. When the Federal elector, therefore, comes to vote for United States officers, he finds that he must simply conform to the regulations laid down by the State for State voters. But this confers
PREV.   NEXT  
|<   1127   1128   1129   1130   1131   1132   1133   1134   1135   1136   1137   1138   1139   1140   1141   1142   1143   1144   1145   1146   1147   1148   1149   1150   1151  
1152   1153   1154   1155   1156   1157   1158   1159   1160   1161   1162   1163   1164   1165   1166   1167   1168   1169   1170   1171   1172   1173   1174   1175   1176   >>   >|  



Top keywords:

States

 

suffrage

 

United

 

Federal

 

clause

 

elector

 
qualifications
 

exercise

 
subject
 
citizens

regulations

 
people
 
electors
 

Constitution

 
voters
 

relates

 
subordinate
 

manner

 
prescribes
 

belongs


operate

 
belong
 

persons

 

absurd

 

undertake

 

attaches

 

voting

 

attempts

 

subsequent

 

enjoyed


Amendment

 

officers

 

confers

 
conform
 
simply
 

thought

 

included

 

matters

 

laying

 

effect


convention

 

applicable

 
uniform
 

chosen

 
members
 
composed
 

Representatives

 
Hamilton
 
numerous
 

branch