it is so, in all its departments, and in all its leading and distinguishing provisions; and, of course, that it is to be so interpreted, by the force of its own terms, apart from any influence to be derived from that rule of construction which has just been laid down. We will first examine it in the structure of its several departments.
The Legislature.—This consists of two houses. The senate is composed of two members from each State, chosen by its own legislature, whatever be its size or population, and is universally admitted to be strictly federative in its structure.[supp 1] The house of representatives consists of members chosen in each State, and is regulated in its numbers, according to a prescribed ratio of representation. The number to which each State is entitled is proportioned to its own population, and not to the population of the United States; and if there happen to be a surplus in any State less than the established ratio, that surplus is not added to the surplus or population of any other State, in order to make up the requisite number for a representative, but is wholly unrepresented. In the choice of representatives, each State votes by itself, and for its own representatives, and not in connection with any other State, nor for the representatives of any other State. Each State prescribes the qualifications of its own voters, the Constitution only providing that they shall have the qualifications which such State may have prescribed for the voters for the most numerous branch of its own legislature. And, as the right to vote is prescribed by the State, the duty of doing so cannot be enforced, except by the authority of the State. No one can be elected to represent any State, except a citizen thereof. Vacancies in the representation of any State, are to be supplied under writs of election, issued by the executive of such State. In all this, there is not one feature of nationality. The whole arrangement has reference to the States as such, and is carried into effect solely by their authority. The federal government has no agency in the choice of representatives, except only that it may prescribe the "times, places and manner, of holding elections." It can neither prescribe the qualifications of the electors, nor impose any penalty upon them, for refusing to elect. The States alone can do these things; and, of course, the very existence of the house of representatives depends, as
- ↑ This method of electing senators was replaced by popular vote in 1919 by the 17th amendment to the Constitution. (Wikisource contributor note)
