The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1880-07-12
The Mode of Choosing Electors.

The Mode of Choosing Electors.
There seems to be wide difference G
opinion as to the constitutionality Of tn
proposed choice Of the presidential cleo
tors by the legislatures of the states. TIL
Republican press has been agitating tt
project for some time, and if it wer
favorably received and strictly constitu
tional, the party managers would no
hesitate to order the choice Of electors b,
Republican legislatures and make Gar
fields election sure. But there exist
grave doubts as to the legality of the pro
ceeding At first glance the scheme
would appear legal-for the constitution
of the United States declares
ARTICLE 2. section u: Each state
shall appoint. in such manner as the leg
islatures thereof may direct, number Of
electors equal to the whole number OF
senators and representatives to which the
state may be entitled in the congress. !"
This appears plain enough, and it is an
admitted fact that under this section the
states formerly chose electors through the
legislatures. But this was before the
Fourteenth amendment was added which
appears to materially change the status oil
the case. The language of the 14th
amendment is as follows:
SEQ. 2.-Representatives shall be ap-
portioued among the several states. accor
cording TO their respective mum bers,
counting the whole number of persons II
each state. excluding Indians not taxed.
But when the right to vote at any election
for choice OF electors for President and
Vice President of the United States. rep
resentative in Congress, the executive and
judicial officers of a State. or the members
of the legislature thereof. is denied to any
of the male inhabitants of such state being
twenty one years of age, and citizens OF
the United States. or iu any way abridged
except for participation in rebellion Oh
other crime the basis OF representation
therein shall be reduced in the proportion
which the plumber of such male citizens
shall bear TO the whole number of male
citizens twenty~one years of age IN snct
state"
Thus ii would appear that the choice o.
electors by the legislature of any state
would be clearly an attempt to abridgt
the right Of the citizens Of that state Of the
right to vote for choice O
electors for President and Vice Presiden
of the United States" The language i
plain and seems to be intended to proven
any possible attempt to subvert the vii
of the people of the states by the legisls
lures thereof. 1t explicitly declare
against the abridgement of the electora
rights of the citizens of the states, and GOV
ers the case in point conclusively. Sup
pose New York should declare by 55,00l
majority for the Democratic electors, anc
in the meantime the legislature OF thai
state shall have chosen the electors
would not the action Of the legislature be
in violation OF the Fourteenth amend
ment2 Would not such action be
clearly an infringement Of the
rights of the people Of New York
Most certainly it would and the state
would be liable to have it's representation
reduced. The language is plain-it
says:-
But when the right to Uote at any e'ec-
ton for choice of electors for President and
T1ce President of the Un,ted Suites < y <
Is denied to arg IF the male inhabttdnt, =
OF such State being t1centy one years Of age
and citizens Of the United States. or IN
any a0ag abridged. ETC., the basis of repre-
sentation therein shall be reduced, ETC."
This is explicit and would seem to cover
the case SO completely, as to effectually do
away with any attempt TO subYert the will
of the people by depriVing them of their
right to vote for the choice
of electors for President and Vice Presi.
dent of the United States" AS if to
guard against any possible evasion the
language Ihas been made 80 plain as to
prevent doubtful construction. SecrioD
says-''The Congress shall have power
to enforce by appropriate Legislation the
provisions of this article"
Before the passage of this amendment
it was clearly within the jurisdiction of the
legislature of any state to appoint the
electors in such manner as the le2isla-
ture might direct, but under this amend.
ment it would seem to be a direct VIOLA
ton of the Constitution to choose electors
in any other way except by direct vote of
the people of the several states. It is the
opinion of some well informed persons in
law. that the legislature
may appoint the electors. but they 1.-The
must be voted for by the people.
Even this would be transgression of the
law. and would be partial abridgment of
the rights of the oitiz ems, aud would be In
violation Of the amendments which pro-
vides that theright of citizen to vote
shall not be Sin any way abridged"
Under this amendment. should the
o. L. oG