gekaap
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- Jan 25, 2011
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The provisions in the Constitution governing federal elections confirm the Framers' intent that States lack power to add qualifications. The Framers feared that the diverse interests of the States would undermine the National Legislature, and thus they adopted provisions intended to minimize the possibility of state interference with federal elections. For example, to prevent discrimination against federal electors, the Framers required in Art. I, §2, cl. 1, that the qualifications for federal electors be the same as those for state electors. As Madison noted, allowing States to differentiate between the qualifications for state and federal electors "would have rendered too dependent on the State governments that branch of the federal government which ought to be dependent on the people alone." Similarly, in Art. I, §4, cl. 1, though giving the States the freedom to regulate the "Times, Places and Manner of holding Elections," the Framers created a safeguard against state abuse by giving Congress the power to "by Law make or alter such Regulations." The Convention debates make clear that the Framers' overriding concern was the potential for States' abuse of the power to set the "Times, Places and Manner" of elections. Madison noted that "t was impossible to foresee all the abuses that might be made of the discretionary power." Gouvernor Morris feared "that the States might make false returns and then make no provisions for new elections." When Charles Pinckney and John Rutledge moved to strike the congressional safeguard, the motion was soundly defeated. As Hamilton later noted: "Nothing can be more evident than that an exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy."
The Framers' discussion of the salary of representatives reveals similar concerns. When the issue was first raised, Madison argued that congressional compensation should be fixed in the Constitution, rather than left to state legislatures, because otherwise "it would create an improper dependence." George Mason agreed, noting that "the parsimony of the States might reduce the provision so low that . . . the question would be not who were most fit to be chosen, but who were most willing to serve."
When the issue was later reopened, Nathaniel Gorham stated that he "wished not to refer the matter to the State Legislatures who were always paring down salaries in such a manner as to keep out of offices men most capable of executing the functions of them." Edmund Randolph agreed that "f the States were to pay the members of the Nat[ional] Legislature, a dependence would be created that would vitiate the whole System." Rufus King "urged the danger of creating a dependence on the States," and Hamilton noted that "[t]hose who pay are the masters of those who are paid." The Convention ultimately agreed to vest in Congress the power to set its own compensation.
In light of the Framers' evident concern that States would try to undermine the National Government, they could not have intended States to have the power to set qualifications.
The Framers were unquestionably concerned that the States would simply not hold elections for federal officers, and therefore the Framers gave Congress the power to "make or alter" state election regulations. Yet under the dissent's approach, the States could achieve exactly the same result by simply setting qualifications for federal office sufficiently high that no one could meet those qualifications. It is inconceivable that the Framers would provide a specific constitutional provision to ensure that federal elections would be held while at the same time allowing States to render those elections meaningless by simply ensuring that no candidate could be qualified for office. Given the Framers' wariness over the potential for state abuse, we must conclude that the specification of fixed qualifications in the constitutional text was intended to prescribe uniform rules that would preclude modification by either Congress or the States.
There is further evidence of the Framers' intent in Art. 1, §5, cl. 1, which provides: "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members." That Art. I, §5 vests a federal tribunal with ultimate authority to judge a Member's qualifications is fully consistent with the understanding that those qualifications are fixed in the Federal Constitution, but not with the understanding that they can be altered by the States. If the States had the right to prescribe additional qualifications--such as property, educational, or professional qualifications--for their own representatives, state law would provide the standard for judging a candidate's eligibility.
Federal questions are generally answered finally by federal tribunals because rights which depend on federal law should be the same everywhere and their construction should be uniform. The judging of questions concerning rights which depend on state law is not, however, normally assigned to federal tribunals. The Constitution's provision for each House to be the judge of its own qualifications thus provides further evidence that the Framers believed that the primary source of those qualifications would be federal law.
The Framers' discussion of the salary of representatives reveals similar concerns. When the issue was first raised, Madison argued that congressional compensation should be fixed in the Constitution, rather than left to state legislatures, because otherwise "it would create an improper dependence." George Mason agreed, noting that "the parsimony of the States might reduce the provision so low that . . . the question would be not who were most fit to be chosen, but who were most willing to serve."
When the issue was later reopened, Nathaniel Gorham stated that he "wished not to refer the matter to the State Legislatures who were always paring down salaries in such a manner as to keep out of offices men most capable of executing the functions of them." Edmund Randolph agreed that "f the States were to pay the members of the Nat[ional] Legislature, a dependence would be created that would vitiate the whole System." Rufus King "urged the danger of creating a dependence on the States," and Hamilton noted that "[t]hose who pay are the masters of those who are paid." The Convention ultimately agreed to vest in Congress the power to set its own compensation.
In light of the Framers' evident concern that States would try to undermine the National Government, they could not have intended States to have the power to set qualifications.
The Framers were unquestionably concerned that the States would simply not hold elections for federal officers, and therefore the Framers gave Congress the power to "make or alter" state election regulations. Yet under the dissent's approach, the States could achieve exactly the same result by simply setting qualifications for federal office sufficiently high that no one could meet those qualifications. It is inconceivable that the Framers would provide a specific constitutional provision to ensure that federal elections would be held while at the same time allowing States to render those elections meaningless by simply ensuring that no candidate could be qualified for office. Given the Framers' wariness over the potential for state abuse, we must conclude that the specification of fixed qualifications in the constitutional text was intended to prescribe uniform rules that would preclude modification by either Congress or the States.
There is further evidence of the Framers' intent in Art. 1, §5, cl. 1, which provides: "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members." That Art. I, §5 vests a federal tribunal with ultimate authority to judge a Member's qualifications is fully consistent with the understanding that those qualifications are fixed in the Federal Constitution, but not with the understanding that they can be altered by the States. If the States had the right to prescribe additional qualifications--such as property, educational, or professional qualifications--for their own representatives, state law would provide the standard for judging a candidate's eligibility.
Federal questions are generally answered finally by federal tribunals because rights which depend on federal law should be the same everywhere and their construction should be uniform. The judging of questions concerning rights which depend on state law is not, however, normally assigned to federal tribunals. The Constitution's provision for each House to be the judge of its own qualifications thus provides further evidence that the Framers believed that the primary source of those qualifications would be federal law.
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