FREE BOOKS

Author's List




PREV.   NEXT  
|<   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98  
99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   >>   >|  
most numerous branch of the State Legislature." By this provision, what shall qualify a person to be an elector, is left entirely to the States. Whoever, in any State, is permitted to vote for members of the most numerous branch of its legislature, is also competent to vote for Representatives in Congress. The State might require a property qualification, or it might dispense with it. It might permit negroes to vote, or it might exclude them. It might permit women to vote, or even foreigners, and the federal constitution would not be infringed. If a State had provided a different qualification for an elector of Representatives in Congress, from that required of an elector of the most numerous branch of its Legislature, the power of the federal constitution might be invoked, and the law annuled. But never was the idea entertained, that this provision of the Constitution authorizes Congress to pass laws for the punishment of individuals in the States for illegal voting, or State returning officers for receiving illegal votes. This power, if it exist, must be found in the recent Amendments to the U.S. Constitution. I assume that your Honor will hold, as you did yesterday in Miss Anthony's case, that these amendments do not confer the right to vote upon citizens of the United States, and therefore not upon women. That decision is the law of this case. It follows necessarily from that decision, that these amendments have nothing to do with the right of voting, except so far as that right "_is denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude_." The thirteenth article of the Amendments to the Constitution of the United States, in Section 1, ordains that "_neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction_." Section 2, ordains that "_Congress shall have power to enforce this Article by appropriate legislation_." The fourteenth article of the Amendments to the Constitution of the United States, ordains in Section 1, "_All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the State where they reside. No State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the Unit
PREV.   NEXT  
|<   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98  
99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   >>   >|  



Top keywords:

States

 

United

 

Congress

 
Constitution
 
citizens
 

Amendments

 

ordains

 

Section

 
branch
 

numerous


elector
 

subject

 

Legislature

 

enforce

 

article

 

jurisdiction

 

Representatives

 

illegal

 
voting
 

punishment


servitude

 

constitution

 

provision

 

permit

 

amendments

 

federal

 

qualification

 

decision

 

condition

 

previous


thirteenth

 

necessarily

 
account
 

abridged

 

denied

 

abridge

 

legislation

 
fourteenth
 
Article
 

reside


persons

 
thereof
 

naturalized

 

involuntary

 
slavery
 
privileges
 

whereof

 

convicted

 

immunities

 

infringed