The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
The United States has sovereign power to prescribe electoral
qualifications for its own citizens; it has chosen to adopt State
qualifications. The non-exercise of the power does not work denial
of its existence. The principle involved is one of sovereignty, that
non-user of a sovereign right cannot invalidate the right.
166. While the Fourteenth Amendment added nothing to the rights and
privileges of citizens, for “the equality of the rights of citizens is
a principle of republicanism,”[468] it guaranteed those rights; but
“the power of the national government is limited to the enforcement
of the guaranty.”[469] The Amendment does not invest Congress with
power to legislate upon subjects which are within the domain of State
legislation; but to provide modes of relief against State legislation,
or State action “which impairs the privileges and immunities of
citizens of the United States, or which injures them in life, liberty,
or property without due process of law, or which denies to them the
equal protection of the laws.”[470] Congress is empowered by the
Amendment “to adopt appropriate legislation for correcting the effects
of such prohibited State laws and State acts, and thus to render them
effectually null, void, and innocuous.”[471]
The essential matter here involved is sovereignty.
The true doctrine is, that whilst the States are really
sovereign as to all matters which have not been granted to the
jurisdiction and control of the United States, the Constitution
and constitutional laws of the latter are the supreme law of the
land; and when they conflict with the laws of the States, they are
of paramount authority and obligation. This is the fundamental
principle on which the authority of the Constitution is based; and
unless it be conceded in practice, as well as theory, the fabric of
our institutions, as it was contemplated by its founders, cannot
stand. The questions involved have respect not more to the autonomy
and existence of the States, than to the continued existence of the
United States as a government to which every American citizen may
look for security and protection in every part of the land.[472]
Thus, in application of this principle, the law of a State
discriminating against persons of color by eliminating them to serve
as jurors is unconstitutional.[473] So too is an act of Congress
unconstitutional, that operates as, or creates, a municipal law for the
regulation of private rights, and that places Congress in the stead,
or office of the State legislatures, so that the federal Legislature,
instead of enacting laws corrective of prohibited State laws, or
counteracting such laws, assumes the office of the State legislatures
in their general legislation. Such Congressional legislation “steps
into the domain of local jurisprudence.”[474]
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