The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
to come to the seat of government to assert any claim he may have
upon that government; to transact any business he may have with it;
to share its offices; to engage in administering its functions; the
right of free access to its seaports, through which all operations
of foreign commerce are conducted; to the subtreasuries, land
offices, and courts of justice in the several States[460]; “to
demand the care and protection of the federal government over
his life, liberty, and property when on the high seas, or within
the jurisdiction of a foreign government; to peaceably assemble
and petition for redress of grievances; the privilege of _habeas
corpus_; to use the navigable waters of the United States however
they may penetrate the territory of the several States; all rights
secured to (American) citizens by treaties with foreign nations”;
the right, on his own volition to become a citizen of any State of
the United States by a _bona fide_ residence therein, with the same
rights as other citizens of that State.[461]
Thus it appears that the rights of a citizen—his “privileges and
immunities”—are measurable by the jurisdiction of the sovereignty to
which he owes allegiance. Between allegiance and protection as between
citizenship and sovereignty there is a reciprocal relation.
165. The Fourteenth Amendment did not add to the privileges and
immunities of a citizen.[462] It simply furnished an additional
guaranty to the protection of such as he already had. It did not add
the right of suffrage to these privileges and immunities as they
existed at the time of the adoption of the Constitution. The United
States guarantees to every State in the Union a republican form of
government,[463] but this is not a guarantee to any citizen of the
right to vote, nor does the Constitution confer that right on any
person.[464] That right (or privilege, as it is in strict contemplation
of law) was not the same among the original States, the qualifications
for voting differing widely among them, and also in the same State at
different times.[465] When the Constitution confers citizenship it does
not confer the right to vote.
There is, however, a right to vote possessed by certain citizens
of the United States, namely they who vote for members of Congress
and Senators of the United States, and (by implication) electors of
President and Vice-President. The Constitution defines electors of
Congressmen and Senators as the same persons who are entitled in the
several States to vote for the most numerous branch of the State
Legislature.[466] The United States thus
adopts the qualification thus furnished as the qualification of its
own electors of Congress. It is not true, therefore, that electors
for members of Congress owe their right to vote to the State law in
any sense which makes the exercise of the right depend exclusively
on the law of the State.[467]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account