The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
Naturalization is an artificial birth made possible by the will of
sovereignty. It is effected by the operation of law,—and in America,
by operation of statutory law only. Congress has not the exclusive
power to pass naturalization laws, but it has the exclusive power “to
establish a _uniform_ rule of naturalization.”[481] The power exercised
here is suggested in the word “uniform.”[482] Congress has seen fit
to vest the exercise of this power in certain courts of law. Strictly
speaking, the exercise of the function, in any of its aspects, is not
essentially judicial. Courts of law have no functions, can exercise
no functions, and no functions can be imposed upon them except those
of a judicial nature.[483] If the courts are willing to exercise a
ministerial function and are empowered to exercise it by Congress, as
in the naturalization of aliens, that exercise cannot be questioned as
being unconstitutional.
169. The test here is jurisdiction. A person may by voluntary
expatriation become allegiant to another jurisdiction or sovereignty,
but he cannot escape allegiance to some one jurisdiction. He must
be citizen or subject of a sovereignty. As all property capable of
ownership must have an owner, so must every person be citizen or
subject of some sovereignty. A vessel, wherever it may be, is part
of the territory of the country to which it belongs.[484] By parity
of reasoning a person is deemed allegiant to some jurisdiction or
sovereignty. A vessel owning no jurisdiction is a pirate.
170. The Fifteenth Amendment declares that the right of citizens of the
United States to vote shall not be denied or abridged by the United
States or by any State on account of race, color, or previous condition
of servitude. This Amendment
does not take away from the State governments in a general sense
the power over suffrage which has belonged to those governments
from the beginning, and without the provision of which power
the whole fabric upon which the division of State and national
authority under the Constitution and the organization of both
governments rest would be without support and both the authority
of the nation and of the State would fall to the ground. In fact,
the very command of the Amendment recognizes the possession of the
general power by the States since the Amendment seeks to regulate
its exercise as to the particular subject with which it deals.[485]
The Amendment does not change, modify, or deprive the States of
their full power as to suffrage, except of course as to the subject
with which the Amendment deals, and to the extent that obedience
to its command is necessary. Thus the authority over the suffrage
which the States possess, and the limitations which the Amendment
imposes, are co-ordinate, and one may not destroy the other without
bringing about the destruction of both.[486]
But while the Amendment “gives no right of suffrage”
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