Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
The first section had been modified by the incorporation into it of a
sentence which defined citizenship of the United States. It reads: "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 wherein they reside." This cleared up all difficulties in
determining who the persons were, whose privileges and immunities were
to be protected against "State" action. It also settled the question,
forever, as to whether citizenship of the United States or citizenship
of the "State" is primary. There is no doubt that in that clause of the
original {77} Constitution which declares that the Constitution of the
United States, and the laws of Congress made in accordance therewith,
and the treaties made under the authority thereof, are the supreme law
of the land, no matter what may be found in "State" constitutions or
laws to the contrary, primary allegiance of all citizens and persons to
the United States was established and required, but the advocates of
"State" sovereignty always contended that, because there was no express
clause in the Constitution defining citizenship, and declaring the
citizenship of the United States primary, citizenship was primarily of
the "State," and, hence, allegiance was due primarily to the "State" by
all its inhabitants. It was very proper and very desirable that this
contention should be set at rest.
The language of the second section had been revised so as to make its
meaning more clear, but it had not been changed at all as to its
meaning. It reads in its perfected form: "Representatives shall be
apportioned among the several States according to their respective
numbers, counting the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any election for the
choice of electors for President and Vice-President of the United
States, Representatives in Congress, the executive and judicial
officers of a State, or the members of the legislature thereof, is
denied to any of the male inhabitants of such State, being twenty-one
years of age, _and citizens of the United States_, or in any way
abridged, except for participation in rebellion or other crime, the
basis of representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the whole number
of male citizens twenty-one years of age in such State."
Public-domain text, read in full here on John Shaqi.
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