Switzerland; Switzerland -- Politics and government -- 1815-
to the converse. Cannot a person in a substantial sense be a citizen
of a State and at the same time not be a citizen of the United States,
the Fourteenth Amendment to the contrary notwithstanding? Is it not
within the power of a State to grant to an alien, residing within its
limits, all the rights and privileges enjoyed by its native-born or
naturalized citizens, so far as such rights and privileges are under
control of the State?--that is, to naturalize an alien to the extent
of its own exclusive jurisdiction, even to the extent of voting for
United States officials, thus practically making him a member of the
political community in the United States. Said the Supreme Court,
through Chief-Justice Taney, in the Dred Scott case: “We must not
confound the rights of citizenship which a State may confer within its
own limits and the rights of citizenship as a member of the Union;” and
Mr. Pomeroy, in his “Constitutional Law,” writes: “While it is settled
that the Congress of the United States has exclusive authority to make
rules for naturalization, it must not be understood that the States
are deprived of all jurisdiction to legislate respecting the rights
and duties of aliens. They may permit or forbid persons of alien birth
to hold, acquire, or transmit property; to vote at State or national
elections, etc. These capacities do not belong to the United States
citizenship as such.” It is true that the constitution of the United
States makes no one a member of the _political_ body, a capacity which
comes only with citizenship of the State; and therefore it confers
the right to vote upon no one. That right comes even to the “citizens
of the United States,” when they possess it at all, under State laws,
and as a grant of State sovereignty. The amendment, Article XV.,
confers upon citizens of the United States a new exemption; namely,
an exemption from discrimination in elections on account of race,
color, or previous condition of servitude; and to the extent that,
should it be needful to protect this exemption, Congress may provide by
appropriate legislation. The Fifteenth Amendment endows the individual
with the potentiality of enfranchisement, not its actuality, and did
not absolutely make him an elector. It did not deprive the people of
the States of the discretion, in their primary capacity, to decide who
of their number should enjoy the political franchise. It simply forbade
them to adopt a particular rule of discrimination.
Public-domain text, read in full here on John Shaqi.
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