Women -- Suffrage -- History; Women -- Suffrage -- United States -- History; Women's rights -- History; Women's rights -- United States -- History
As proving the sophistry used by legal minds in order to hide
from themselves and the world the fact that the United States has
power over the ballot in States, mention may be made of a case
which, in 1866, came before Justice Strong, then a member of the
Supreme Court of Pennsylvania, but since a justice of the Supreme
Court of the United States. For sophistical reasoning it is a
curiosity in legal decisions. One point made by Judge Strong was,
that congress may deprive a citizen of the opportunity to enjoy
a right belonging to him as a citizen of a State even the right
of voting, but cannot deprive him of the right itself. This is on
a par with saying that congress may deprive a citizen of the
opportunity to enjoy a right belonging to him as an individual,
even the right of life, but cannot deprive him of life itself.
A still more remarkable class of United States voters than any
yet mentioned, exists. Soon after the close of the war congress
enacted a law that foreigners having served in the civil war and
been honorably discharged from the army, should be allowed to
vote. And this, too, without the announcement of their intention
of becoming citizens of the republic. A class of United States
voters were thus created out of a class of non-citizens.
I have mentioned eight classes of United States voters, and yet
not one of the States has been deprived of the powers necessary
to local self-government. To States belong all matters of
strictly local interest, such as the incorporation of towns and
cities, the settlement of county and other boundaries; laws of
marriage, divorce, protection of life and property, etc. It has
been said, the ordaining and establishment of a constitution for
the government of a State is always the act of a State in its
highest sovereign capacity, but if any question as to nationality
ever existed, it was settled by the war. Even State constitutions
were found unable to stand when in conflict with a law of the
United States or an amendment to its constitution. All are bound
by the authority of the nation.
This theory of State sovereignty must have a word. When the Union
was formed several of the States did not even frame a
constitution. It was in 1818 that Connecticut adopted her first
State constitution. Rhode Island had no constitution until 1842.
Prior to these years the government of these States was
administered under the authority of royal charters brought out
from England.
Public-domain text, read in full here on John Shaqi.
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