The sun., 1890-07-31
TEE FOROF BILE.
TIE ConstItutlonaIIty Considered By = Com
stitutioARl Lawyer.

| country iS threatened with an election law o
a most extraordinary character an in1uIry
into the constitutional power OF Congress &c
inhict IL may be OF some use. This inquiry
must always begin with an investigation
Of the mode In which tho States wore repre-.
sented in the Congress- OF the Coniedera.
tion because the clause In the Constitution
which empowers Congress to make reRula-
tions OF the time, place, and manner oi
choosing Senators and Representatives must
always be interpreted by reference tc
the antecedent history OF the Union. Both
In the Revolutionary Congress and the
Congress Of the Confederation, which consisted
OF single body, the States were represented
by their delegates-as many as they chose to
send. Each delegation cast the vote OF Its
State. the State being represented In its corpo-
rate capacity. The people OF the states were
not represented directly. and the delegates
were appointed by the State Legislature. When
| the Constitution came to be framed this syB-
| tenn OF representation was made to Rlve place
| to another. but there was no departure from
the principle that the representation in Con-
| gress is a representation OF States and
| their people. The establishment OF q
government with direct and SOVEREIGN powers
neoessitated division OF the legislative body
| into two chambers. In one OF which the States.
rs political corporations. we're to be repre-
tho States were to be represented unequally,
or In proportion to the number OF their In
habitants. No one entertained the design OF
a representation OF the people Of tho United
| States regarded as consolidated nation.
| and no one cont EN- lated that either the Senn-
| tors or the Representatives In the new Gov
| ernment would be Federal officers as contra
Is By these historical fsct, that the clause Of
must always be inisrpretei 1t is in these words:
The times. places. and manner OF holding
shall be prescribed in each State By the IegIse
lature thereof; but the Congress may at any
time by law make or alter such regulations;
One other clause OF the Constitution is to be
taken in, connection with this one. namely,
electors OF Representatives In Congress shall
be the same as those requisite for electors OF
iature IArt. l.. .ec.. ~ so that over the auaiiH-
cations re- requisite for electors OF hepresenta-
in s6e H9Ss Of
matter for the determination of the State.
e. Several things are imnortant 70 be noted
tion 4, Of the Constitution: First. the time,
place aud manner OF holding an election for
lie Lesisiature thereoi. Tie regulations Of Of
relate to the holding &c Of an election. {" The
holding" ,,M Of an election comanrehends! noth,
1g IN ren to the OF he
Ned under the laws Of the State There may be
rons 6 So or
sidInG and returning officers. &c All OF these
lion. aud they are to be prescribei BY the State
Legislature With may make such regulations
primary power in regard tot to the eleetions Of
Senators and Representatives in Congress. 80
long ions @ as the estate state haI some system OF regulGt-
observed. But, in the second place. to, provide
against contingency. Congress Is authorized.
or to alter those made by the state it is a
subordinate but remedial power. TO meet GER
tain contingency. What is that contingency
1t is Historically certain that bu; one contin-
gencv was ever contemplated. This was the
at ali. Ii oiten happened under r. the Con.
delegation present in Congress-. and this was.
that body. To remedy this evil in other words,
to enable Congress TO keep the Government
to be represented In Congress could give their
tenn. Congress may, in such a contingency.
step r. In In and provide such system as whole;
In respect to the time. place. manner of hold
Ing the election, supply regulations better
voters. The terms make" and alter" such |
regulations must be Interpreted separately ac-
Alexander Hamilton Is certainly to be re-
garded as the great apostle Of federalism |
Federal GoSernment that riehtuily Ie beoEes so 10
It under the Constitution. 1t viii not be doubt
dd ii IX it, he b%sy sRsn
meaninE Of Art: +, sec: 4 lie says hat It's
Of its own pre- ervation." He then proceeds 10
ConGress the secondary power Of regulating
elections for Senators and Representatives ID
"rmar powsr Is IN 6e sao out ees tht
letures. II the State. Legislatures neglect
this duty so that there is lapse In the organ
remedy this evil Hamilton noEhere imti. ifmns
mates that any other contingency was con
or Is implied In the terms OF the clause in
question. On the contrary, all his reasoning
event OF failure of a State to be represenied
het the tn, clause was framed and introduced And
tent Of the clause in the State conventions which
ratified the Constitution. No one thought
that IN 81, by ratitytng the Constitution the States
gress to do anything on the subject, unless the
state should omit TO have any system Tor con-
in the Legislative body Of the
Union Let the pending bill, as Ii is pro-
DJsSu pose ny the House OF Representatives, bo
A. tn no time since the adoption of the Consti-
an ss1 b0b II the snSn failed to
Spnr;,, war, when the Southern, States were not
allowed to be represented. Now. with every
state In the Union represented 1t is proposed
% enact an election aw, mob TO meet tho con-
;lngency OF neglect of any state to be repre-
'ented. but on tho Idea which is undoubtedly !
ne PREDOMINANT motive With tho advocates OF
his Pill. that in certain States the elections
or Representatives in Congress arc so
;oIoh oI9,,no q? to deprive some OF the
Mise. Even il this we're somethino fdno
more than a pretoxt; II 1t were not The AMI.
'urpose.a motive that Is not concealed, Le.
ause the complaint Is that the Republican |
'Rrty In certain States does not get tho repre-
entati9n 70 which it is entited--it would not {
ollow that Congress is auy horized to do whuta
'0iit,ical party desires 10 do Congress is not
uthorZed to mako laws to regulate elections
Q as to secure majority TO Il political partyin c
ither or both OF the Houses, although that 6
arty may think that 1t has not the ma
1riy nl bS which ,hH i ought 70 have and might
he hands OF the State Legislatures and vest.
nng 1t In the hands OF Federal officers. /
he utmost that Congress can constitution I
Iiy DO DO Is & TO- make a system Of conduct t
ystem, or when the state populations are such '
S TO give one class OF voters an advantage !
yCF another plnAs Tharn ban