The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-20
rHE POwER o. rHg sraTrs
How PMr My Tracy Rrsusate the onal,
Nraaaena 90 NoaerSf


eminent over the qualifications which may
10 required ~ conditions precedent q vot
Ing u h necessary TO have a clear campre.
hensiOn OF the powers over legislation o,
the Individual states on the one hanS ana
NJ the Federal Government on the otha,
The Federal Government can eGsr~t.a
only powers that are expressly or nv
reasonable Implication granted 90 II nv thu
Federal Constitution. An act Of Consr.s,
therefore II warranted only nv sGprs-s
or implied authorization Of the Consiru.
ton Of tho United states. Zach stat n,
the other hand. has plenary power 70 anar,
through is Legislature any lAW. provided
only that such law b. contrary neither 10
the Constitution of that State nor 10 N.
Constitution of tho United state I,
the case Of Law enacted by the T.agisIa.
ture % . STATE. even though the risht :,
enact the Law may not he denied 90 IT, ! .es,.-
lature by the STATE Constitution yet il thar
! Law - IN conflict with rho Federal Cons,i,u-
ton u must fall The supreme Court 81
the United states occasionally Ovsrturn,
acts of state Legislatures for these very
reasons II II apparent. therefore, that
the qualifications required of voters ara
subject sIclu@iv~ly to state regulation
except to the extent that the state - limited
IN it, action by the Const tuition % the
I nitsd states
4 careful examination Of the Federal
| Constitution will show that that instrumsn,
nowhere prescrib~a What aus lncations
voters for candidates for intrastate orroes
shall pO@~~<s - conditions precedent 70
voting. except that no discrimination
against a voter shall he mf de- by reason Of
his race. color or previous condition Of
ssTvitude. Even In voting for members ~
| he House 81 Representatives the Conssi-
| tuition of the rRE I'd States LAYS down no
requirements other than that ELECTORS ia
each State shall ha W the qualifications r~o-
ui-ite for electors of the most numerous
branch OF the s'Rte legislature and that
| the right Of citizens Of the United States
10 vote sha n not 10 denied or abridged by
the United States or by any STATE On ac-
count Of race. color or previous condition
| Of servhude.-
The only other provisions Of the conssI-
| tuition Of the United States which have n
barring upon the subie'S under diac,lasioo
are tho Fourteenth and Fifteenth Am~nd.
n,~nts The Fourteenth Amendment make,
all persons who are horn OF naturaIised in
tho United States. and subiec1 20 no
Jurisdiction. citizens of tho United Stats
aud Of The state wherein they reside. Tha
Fifteenth Amendment forbids any STATE
den wing or abrid ging the right % any ciit-
rem Of the United States 20 vote On account
Of race color Or previous condi tion Of .ervi.
tude. since the Fourteenth Amend msnt
UlNNFN All fhItSFuA ~ tuF UIsn Nfafea ctfi-
yens Of The state IN which they reside 40
well. the Fifteenth Amend ment forbids any
stat" of the Union denying 10 citizens o.
that state the right 90 vote on account II
race. color or previous condition Of s~rvt-
Iud.. The Constitution Of tho United
States. however. conf~rs the right to vote
uyOn no ono. mans right to vote must bs
DERIVED from the state Of which h~ u q
citizen. Before the adoption Of the Pr.
! ha -.
OF state To exclude from the suffrage any
person from whatever cause. Any stats
therefore may impose whatever Dnlita-
| tons u pleas~s In respect to the qualthca-
! tton- of vOteru. except that those entited
| within the STATE 10 vote for the membsr4
| Of the most numerous branch Of the stats
! Legislature may also vote for members n
the House of Representatives from that
I state. and except also that no discrirnina-
rion can 10 made agsinst any persons
rlgit 20 vote nv reason Of his race. color %
previous condition OF -eTvitude.
In re-p.Di 20 he qualifications ~ voters
for ,andidare~ for intFAstaSe Offices tho
Fedrfa' onsit'uficn il silent except IN the
prov i-ion- of Inc Fifteenth Amendment.
The Constitution Of the United States
eNaciS no qualifications whatever Of those
Who vote for Presidential electors Indeed.
A. to each state - granted by the constitu-
ton art. ~ Sec I, sub - the rieht to
appoint electors of President and Vice
President IN whatever manner II chooses.
the several states are in q posi'i ion % DENY
10 each voter tho power 10 elect Through
electors the President and Vice President
Of the MI Ell States lf'hovever, = State
grants To b.. Inhabitants the right 10 vote
for electors Of President and Vice-President
u may impose any qualifications or condl-
tion- u chooses prov ided there - no nva-
-ion Of - own COnst tuition ~ Of the W.
tenth Amendment
We have seen that the right - impose
condii ions precedent 10 voting = an attri-
butte of Stats sovereignty n 10 conceivable
therefore 'hat = state might prescribe alb
surd or highly unreasonable qualifications
for voting without any infractiOn Of The
Con-t ituti ION Of the nted States. sueh
QUA ions. for example a. hat all voters
shall he a. least if'y years of age or that
only-r ed haired men may vote or that only
married men NAV vote These restric-
tion- b~ina obviously not based upon race.
color or previous copditi1 IN nj ssrvituds do
not offend the Constitution Of the United
States
IL ia true. 10 bs sure. that q STATE whch
denie- 10 ts male citizens Of full age the
privilege ~ voting may suffer reduction ~
representation IN congress. hut this pro-
vision Of the COnstitut ION has no effect upon
the riEh, 81 the State 20 impose even capri
ctou- restrict ions upon the suffrage II tue
terms Of the Fifteenth Amendment are
ob-~rved
The manner In which States limit ths
right 10 vote - show n in Connecticut whers
all men unable to read In the English Lam
R1IaRe any arricl" NJ IN" state Constitution
or any sect ion of the statutes of the STATS
are disqualified from voting In Massachu-
sest-. where all men unahl~ 20 read the Con-
Stitution ~ tho Commonwealth and - write
their names cannot vote. and tn Wyoming.
where all 81 voting age unable 10 read The
state Constitution are debsrred. sons
states admit no one 10 the privilege ~ vct-
ing unless he - = taxpayer. and of oourss
the States generally forbid man cons
vioted NJ a heinous crime ~ vote
FINALLY the right to vote ,spnot = n"oss-
sary consequence NJ citizenship. IN The
several Colonies at the adopt ION Of N" '"n-
-ttution suffrage Vas not rosNtensivs vth
citizenship. nor has " ever h~"n sluos.
Citizenship has no relatio tn az" NJ -"S
II every person nv reason NJ citizenship
wer" entitled n vote. all women. natlve
horn or naturalizsi and subject - N"
Jurisdiction ~ the Tinted StAt~s could
claim the right to vote under m" Your
tenth Amendment. In Is5, susan y
AnthOav under the advice nj NJ able iawvsr