The times. (Owosso, Mich.) 1882-1897, 1895-02-15
Decision Of the Attorney General.
STATE OF MICHIGAN. I
A GArrnAs

IitNN'uS w tue idSt ktuctdi cioctNNi, ny
srclmn | article of the constitution at th's
state. ~ al, e,rctiOns Every mae lnhabitant
VIM had resided ia this State two years and
SIX mlunths and who declared his intention
Ia becouie "a citizen at the United States
PURSUANT to the laws thereof. six months
pi-c-ening an election. WAS an elrctOr and
entitled to vote: Provided. at c0ursr, hr
Was above the aye az twenty one Years. ana
had resided In the township or ward IN
which h- offered to vOte ten days preceding
such erection THIS section WAS amended AZ
the lasi general election. 30 that II now reads
as follows: Every male lnhabitanf at
foreign blrth who having resided in TIN state
twu year, and six months PRIOR t0 the 9Th
dal %, November, 1894. and having DECLARED
his intention to become citizen ut the
United States two years and six mouths
prior tn said last named day. snail be an
rlector and entitled to vote" The section
Was a'so amended by requiring thai no one
shall he al -lpctor or entitled tO vote NJ any
eviction. unless he hail have resided in this
Salr six months, and in the township or
ward in which he offers Ia vutr twenty DAVIS
II. xt preceding such election. In AL other
RESPECTS. section OF article z remains un-
cnangrd 81
An examination of this section Of the colt
stiiutiuii, as amended. shows that there Is
not the slightest possible ground tor doubt
as To who are Low electors AMI entitled Ia
vote in this State. There is M rom far
construction. because the language il 40
plain and clear as 10 admit "f M c''nstruc-
ton rhis section a amended expressly. IN
terms. provides who shalt he electors 1t
follows that those who do not come within
one Of The provisions OF this section. are not
qualified electors and cannot vOrr
There is but 0ne question that has been
presented in the many letters which have
received on this subject, and that il as TO
how this SECTION OF the COnstitutiO rs
amended, effects male inhabitants at foreign
birth in this State. The question II asked,
must a foreigner become n tull American
citizen before he cah vote in this stalr." and
second. it SO, ''dOes this effect male inhabi-
tapts of foreign birth. who before this sec
ton was amended. may have been electOrs?"
In ther words. are any foreigners by this
section as amended. dis'ranchiSed? My
answer 10 this question In this: No male
irhabitant OF foreign birth now residing
in this State, can vote at any election helu
i'm this State, until he shall have become a
citizen of the United States; and a male
inhabitant of foreign birth, who may have
been qualified Q ectOr last November, CALI
not vote next sprlng, GI!oe3 he shall De. ny
that time, ciLIzen VI lhc u Liled States;
Provided, OF COURSE, that he does not com
within the express constitutional exception
W.: a residence OF two years anu six
months prior TO the Stn day U. N0vsmDer,
1894, and having made declaratloD of
his intention to become citizen Ut the
United States, two years and SIX months
prior to SAID last nauned date In sucn a
case, OF course, sucn AL inhaDitanl OF foreign
birth can continue to vOle
DaF. fhson Apt nj hat
quired of foreigner, who CAME t. this State
was residence therein of two years ANA
half, and "a declaration OF his intention TO
become citizen of the United States six
months preceding an election: SO that, for
example. any foreigner who had come To this
State to live two years and six mouths pre-
ceding said election. became thereby a quail
ihed electOr; but now, by reason OF the
amendment, all this Is changed aud such
person is no lOn-er an eectOr-he can no
longer vote, nor can any other foreigner vote
i'm this State, who had not dec AIRED his in
tentiOn to become a citizen OF the United
States, two years and six months preceding
the Sth day of November, 1894 1t by 10
means follows that he is permanently dis
franchised; he simply must wait until he
becomes citizen OF the United States, and
then he can again vote.
AS is well known, a foreigner can become
full American citizen, other conditions
being complied with, by actually residing
within the United States at least five years.
This amendment Is as simple and clear as
possible. 1t simply establishes as the con-
stitutiODal condition precedent to the enjoy
ment of the elective franchise, that a foreign
born inhabitant shall wait until he becomes
full American citizen, before he shall be
allowed the privilege of voting in this State.
While many seem to understand this and
have no difficulty in reaching this conclusion
they inquire: lis ii pUssiDle that this amend
ment can be made to relate back and comp i
male inhabitants of foreign birth who have
once voted in this State, to give up that
privilege. and not vote again until they
become full American ctizens,-is not this
in the nature OF an ex post factO or retro
active law?" My answer Is: There are no
limitations upon the powers of the people to
amend or revise their constitution, In any
way or at any time they so determine, except
as that power is limited bv the constitution
of the United States.
The people of the State have the
absolute legal right to determine, for them.
selves the qualifications Of electors, and to
determine what they shall place in their
prganic law. The rule is settled that the
people, when called upon to vote upon a
pTOpDseu atnenuuleTt W JueiI cOnStttutlOn,
are not obliged, like legislative bodies, to
lOoS carefully to the preservation of vested
rights; they have the absolute power to de-
termine what principles are best calculated
to produce good government, to prom )te the
public welfare, and to secure the safety Of
the State. But there Is nothing In the shape
of vested rights secured by constitutional
enactment, relative to the elective franchise.
Participation In the elective franchise Is
privilege, rather than a right; and it Is
granted or denied, on the grounds of public
policy.
AS have already said, except as limited
by the nation, constitution, the whole sub
ject of the regulation of elections including
the prescribing of qualifications for suffrage
Is left to the several states. The people
declare in their state constitutions who shall
be qualified electors, but the power to amend
or revise their constitutions still remains i'm
the great body OF the people as an organized
body polite, who, being vested with ulti
mate sovereignty and the source of all
state authority, have power to amend, at
will, the constitution which they have made.
The people have the power, and 1t is for
them to determine when and under what
circumstances they will exercise it.