Popular misgovernment in the United States — John Shaqi
Popular misgovernment in the United StatesCruikshank, Alfred Byron
History
Popular misgovernment in the United States
Cruikshank, Alfred Byron
Suffrage -- United States; United States -- Politics and government
The above reasoning applies of course to the exercise of the voting
power where it affects the property of others as well as where it
directly affects only the person. No man can have a natural right to
dispose of another’s property or any part of it by voting or otherwise.
To talk of a natural right to vote away another man’s property is
downright nonsense. Imagine a small independent island inhabited by one
hundred families each with property honestly acquired. Would an
immigrant body of five hundred have a natural right by a vote to
confiscate this property? The proposition is monstrous, yet it is all
implied in the theory of a natural right to vote.
Our Courts and Judges have never held suffrage to be a natural right,
and it has never been treated as such in our legislation. Marshall,
Chief Justice of the United States, says: “The granting of the franchise
has always been regarded in the practice of nations as a matter of
expediency and not as an inherent right.” And Judge Cooley: “Suffrage
cannot be the natural right of the individual because it does not exist
for the benefit of the individual but for the benefit of the State
itself.” (_Principles of Constitutional Law_, p. 249.) So on our statute
books voting is not treated as a natural right, nor is the citizen mass
considered as the supreme power in the state; but the constitution and
functions of the electorate are created and determined by the
legislative body, or under its direction, and its capacity is fixed by
law and derived from the law just as truly as that of any other body
exercising political powers in the government.
Public-domain text, read in full here on John Shaqi.
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