Constitutional history -- United States -- Sources; Constitutional law -- United States
From the more general inquiries pursued in the four last papers, I pass
on to a more particular examination of the several parts of the
government. I shall begin with the House of Representatives. The first
view to be taken of this part of the government relates to the
qualifications of the electors and the elected. Those of the former are
to be the same with those of the electors of the most numerous branch
of the State legislatures.
The definition of the right of suffrage is very justly regarded as a
fundamental article of republican government. It was incumbent on the
convention, therefore, to define and establish this right in the
Constitution. To have left it open for the occasional regulation of the
Congress, would have been improper for the reason just mentioned. To
have submitted it to the legislative discretion of the States, would
have been improper for the same reason; and for the additional reason
that it would have rendered too dependent on the State governments that
branch of the federal government which ought to be dependent on the
people alone. To have reduced the different qualifications in the
different States to one uniform rule, would probably have been as
dissatisfactory to some of the States as it would have been difficult
to the convention. The provision made by the convention appears,
therefore, to be the best that lay within their option.
It must be satisfactory to every State, because it is conformable to
the standard already established, or which may be established, by the
State itself. It will be safe to the United States, because, being
fixed by the State constitutions, it is not alterable by the State
governments, and it cannot be feared that the people of the States will
alter this part of their constitutions in such a manner as to abridge
the rights secured to them by the federal Constitution. The
qualifications of the elected, being less carefully and properly
defined by the State constitutions, and being at the same time more
susceptible of uniformity, have been very properly considered and
regulated by the convention. A representative of the United States must
be of the age of twenty-five years; must have been seven years a
citizen of the United States; must, at the time of his election, be an
inhabitant of the State he is to represent; and, during the time of his
service, must be in no office under the United States. Under these
reasonable limitations, the door of this part of the federal government
is open to merit of every description, whether native or adoptive,
whether young or old, and without regard to poverty or wealth, or to
any particular profession of religious faith. The term for which the
representatives are to be elected falls under a second view which may
be taken of this branch. In order to decide on the propriety of this
article, two questions must be considered: first, whether biennial
elections will, in this case, be safe; secondly, whether they be
necessary or useful. First.
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