The plaintiff’s case is just one of the means by which this end will in the end be reached. Some optimistic warrant or authority must be shown for it, and within the case at bar we problem its production. You might really feel as in case you are caught in a bind between pushing too arduous and providing sufficient stimulation to problem your bright youngster. But it surely may be asked: If this be so, why was not the query sooner raised? They could require that they shall be of a certain age, be of sane mind, be free from crime, and so forth., because these are conditions for the great of the whole, and to which all citizens, ultimately, could attain. They might prescribe the qualifications of the electors. But the topic of suffrage (or the skills of electors, because the Constitution terms it) is solely remitted to the States by the Constitution, to be regulated by them; to not limit or restrict the right of suffrage, however to carry the same absolutely into impact. Of this body politic, represented by the Constitution of the United States, all individuals born or naturalized therein and topic to the jurisdiction thereof, are members; with out distinction as to political rights or privileges, besides that the top or chief of the new government have to be native-born-and this exception the extra strongly proves the rule.
In the new political sovereignty thus created, the feudal concept of dependence gave solution to that of independence, and the people became their very own sovereigns or rulers in the federal government of their own creation. We have now sovereignties shifting within a sovereignty. And if you have to work tougher to do it, then you will burn more calories. To render the felicity still extra full, at the tip of it (though at an immense distance) I pictured to myself Madam de Warens; for as to returning to Geneva, it by no means entered into my imagination. The State can no extra deprive a citizen of the United States of one privilege than of another, besides by the “legislation of the land.” There isn’t any security for freedom if this be denied. With the intention to get a clearer idea of the true that means of this time period citizenship, it could also be effectively to recur for a moment to its first introduction and use in American regulation. To use the language of Mr. Madison, such a course “violates the vital principle of free government, that these who are to be bound by laws, must have a voice in making them.” (Madison Papers, vol.
It seems to us that nothing might be clearer or plainer than this, coming to us, as it does, with all the load and authority of Mr. Madison himself. If the act of Virginia impacts Ballard’s citizenship as far as respects that State, can it touch his citizenship so far as regards the United States? Allegiance to a selected State is one thing; allegiance to the United States is one other. We’re citizens of a State, in addition to of the United States. Only citizens are permitted to pre-empt land, acquire passports, etc., all of which lady can do; and, alternatively, she is taxed (without her “consent”) in further recognition of her citizenship; and yet, as to this chief privilege of all, she is forbidden to exercise it. In the first place, it can be inconsistent and at variance with the concept of the supremacy of the Federal authorities; and, next, if the absolute, final, and unconditional management of the matter had been meant to be given to the States, it might have been so expressed. But this belief has handed away; and, in like method, this doctrine of the best of the States to exercise limitless and absolute management over the elective franchise of residents of the United States, should and will give way to a truer and higher understanding of the topic.
We claim, and presume it is not going to be disputed, that the elective franchise is a privilege of citizenship within the that means of the Constitution of the United States. The time period citizen was substituted for that of “topic.” But this was not a mere change of name; the males who framed the Constitution of the United States had all been “subjects” of the English king, they usually properly knew the radical change wrought by the revolution. Before the colonists asserted their independence they had been politically bound to the sovereign of Great Britain, by what’s termed in English regulation, “allegiance”; and people from whom this allegiance was due were termed “subjects.” But when these “bands,” as they’re termed within the Declaration of Independence, were dissolved, the political relation became changed, and we no longer hear in the United States the time period “subject” and “allegiance,” besides the latter, which is used to precise the paramount responsibility of our residents to our own government. Should the folks of any State by any means be deprived of the best of suffrage, it was judged correct that it ought to be remedied by the general Government.