Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/298

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CONSTITUTION OF THE U. STATES.
[BOOK III.

unless the people themselves choose to aid in their own degradation.

§ 823. The objections, then, to the provision are not sound, or tenable. The reasons in its favour are, on the other hand, of great force and importance. In the first place, the power may be applied by congress to correct any negligence in a state in regard to elections, as well as to prevent a dissolution of the government by designing and refractory states, urged on by some temporary excitements. In the next place, it will operate as a check in favour of the people against any designs of a federal senate, and their constituents, to deprive the people of the state of their right to choose representatives. In the next place, it provides a remedy for the evil, if any state, by reason of invasion, or other cause, cannot have it in its power to appoint a place, where the citizens can safely meet to choose representatives.[1] In the last place, (as the plan is but an experiment,) it may hereafter become important, with a view to the regular operations of the general government, that there should be a uniformity in the time and manner of electing representatives and senators, so as to prevent vacancies, when there may be calls for extraordinary sessions of congress. If such a time should occur, or such a uniformity be hereafter desirable, congress is the only body possessing the means to produce it.[2]

§ 824. Such were the objections, and such was the reasoning, by which they were met, at the time of the adoption of the constitution. A period of forty years has since passed by, without any attempt by congress
  1. See 1 Elliot's Debates, 44, 47, 48, 49; id. 55; id. 67.
  2. The Federalist, No. 61; 2 Elliot's Debates, 38, 39.