more thorough legal examination, perhaps, than any other man. He prepared the following bill which was presented in the House of Representatives, April 25, 1892, by the Hon. Clarence D. Clark, member from Wyoming:
Whereas, The right to choose Members of the House of Representatives is vested by the Constitution in the people of the several States, without distinction of sex, but for want of proper legislation has hitherto been restricted to one-half of the people; for the purpose, therefore, of correcting this error and of giving effect to the Constitution:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That at all elections hereafter held in the several States of this Union for members of the House of Representatives, the right of citizens of the United States, of either sex, above the age of twenty-one years, to register and to vote for such Representatives shall not be denied or abridged by the United States, or by any State, on account of sex.
The argument for the authority of Congress to pass this law is based partly on Article I of the Federal Constitution:
Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.
Section 4. The time, place and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof, but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.[1]Congress is here endowed unquestionably with the right to regulate the election of Representatives. James Madison, one of the framers of the Constitution, when asked the intention of this clause, in the Virginia convention of 1788, called to ratify this instrument, answered that the power was reserved to Congress because "should the people of any State by any means be deprived of the right of suffrage, it was judged proper that 'it should be remedied by the General Government." [Elliott's Debates, Vol. II, p. 266. ]
- ↑ Senator John Sherman did at one time introduce a bill for this purpose.
