Voting power

“ In the American Senate all the states have the same voting power, but in the House of Representatives the states with larger populations have proportionate voting strength. Equality of voting power is natural in a political union that is just starting. ”

“ One of the first provisions usually inserted in a constitution of a free state, is that which declares who shall be allowed to take a part in the government; that is, to whom the political power shall be intrusted. As this power is exercised by voting at elections, the constitution very properly prescribes the qualifications of electors, or, in other words, declares what shall be necessary to entitle a man to the right of voting, or the right of suffrage. When, therefore, we speak of the people politically, we mean those only who are qualified electors. ”

“ I put to one side the problems of "political" [p242] questions involving the distribution of power between this Court, the Congress, and the Chief Executive. We have here a phase of the recurring problem of the relation of the federal courts to state agencies. More particularly, the question is the extent to which a State may weight one person's vote more heavily than it does another's.
So far as voting rights are concerned, there are large gaps in the Constitution. Yet the right to vote is inherent in the republican form of government envisaged by Article IV, Section 4 of the Constitution. ”

“ Here is conceded the power only to prescribe times, places and manner of holding the elections; and even with these Congress may interfere, with all excepting the mere place of choosing Senators. Thus you see, there is not the slightest permission in either section for the States to discriminate against the right of any class of citizens to vote. Surely, to regulate cannot be to annihilate! ”

“ Appellants and the United States fail to provide a workable standard for distinguishing between changes in rules governing voting and changes in the routine organization and functioning of government. Some standard is necessary, for in a real sense every decision taken by government implicates voting. This is but the felicitous consequence of democracy, in which power derives from the people. ”

“ Equality of voting by all who are deemed mature enough to vote is certainly consistent "with the letter and spirit of the constitution." Much is made of the fact that Art. I, § 4, of the Constitution [8] gave Congress only the power to regulate the "Manner of holding Elections," not the power to fix qualifications for voting in elections. But the Civil War Amendments — the Thirteenth, Fourteenth, and Fifteenth — made vast inroads on the power of the States. ”

“ Furthermore, Congress provided uniform national rules for absentee voting in presidential and vice-presidential elections. In enacting these regulations, Congress was attempting to insure a fully effective voice to all citizens in national elections. What I said in Part I of this opinion applies with equal force here. Acting under its broad authority to create and maintain a national government, Congress unquestionably has power under the Constitution to regulate federal elections. The Framers of our Constitution were vitally concerned with setting up a national government that could survive. ”

“ Indeed, if there were no prior convention, where, unless the election were unanimous, would be the obligation on the minority to submit to the choice of the majority? How have a hundred men who wish for a master the right to vote on behalf of ten who do not? The law of majority voting is itself something established by convention, and presupposes unanimity, on one occasion at least. ”

“ My personal observation in the United States and Canada had impressed me with the dangers inseparable from the election of Federal Legislatures by local majorities—sometimes by minorities—where money and influence could be employed, particularly where a line in a tariff spelt a fortune to a section of the people, in the manipulation of the floating vote. Parties may boast of their voting strength and their compactness, but their voting strength under the present system of voting is only as strong as its weakest link, discordant or discontented minorities, will permit it to be. ”

“ Whether the statute itself has its warrant in the Constitution is a question not necessary now to be considered. For my part, I cannot see the authority for taking out of the ballot-boxes the ballots of lawful voters and throwing them away because other voters did not vote, whatever may have been the cause of their not voting, whether they were frightened, foolish, or perverse. ”

“ There is no question our U.S. Constitution empowers State legislatures to execute free, legal, and fair elections. Unfortunately, in several States, the clear authority of those State legislatures to determine the rules for voting was usurped by Governors, secretaries of state, and activist courts. Our laws and Constitution should always be followed, especially in a time of crisis. ”

“ It was clearly, however, in the contemplation of the framers of the Constitution that such an exigency might arise, and provision was wisely made for it. The freedom of the ballot is a condition of our national life, and no power vested in Congress or in the Executive to secure or perpetuate it should remain unused upon occasion. The people of all the Congressional districts have an equal interest that the election in each shall truly express the views and wishes of a majority of the qualified electors residing within it. ”

“ With us, on the contrary, there is no such consequence to be apprehended; and, accordingly, our voting for representatives is always by ballot. On our system, this is not only unobjectionable but highly important; for, as the successful candidate is elected by the majority of votes, while it is possible that his opponent might be supported by a much greater number of voters, it would be very inexpedient to let this be publicly displayed and recorded; as it might tend to array the wealthier and poorer classes against each other. ”

“ The new mode of trying elections, if it be found effectual, will diffuse its consequences further than seems yet to be foreseen. It is, I believe, generally considered as advantageous only to those who claim seats in parliament; but, if to choose representatives be one of the most valuable rights of Englishmen, every voter must consider that law as adding to his happiness, which makes his suffrage efficacious; since it was vain to choose, while the election could be controlled by any other power. ”

“ Is the right to vote one of the privileges or immunities of citizens? I think the disfranchised ex-rebels, and the ex-state prisoners will all agree with me, that it is not only one of them, but the one without which all the others are nothing. Seek first the kingdom of the ballot, and all things else shall be given thee, is the political injunction.
Webster, Worcester and Bouvier all define citizen to be a person, in the United States, entitled to vote and hold office. ”

“ Before I come to the terms of the trust deed, it may be convenient to say a few words about the society. The objects of the society are to secure the adoption of the principle of proportional representation by the method of the single transferable vote in national, local and other elections. That may be a very laudable object, but it is clear that it is not a charitable object for the simple reason that, as the society is seeking to alter the method of voting at present in force, legislation would be required, and, therefore, their principal object is to alter the law of this country. ”

“ Congress finds that the Constitution of the United States grants explicit and broad authority to protect the right to vote, to regulate elections for Federal office, to prevent and remedy discrimination in voting, and to defend the Nation’s democratic process. ”

“ The sovereign power will no longer be the people, but any and every apparent majority at the polls. The ballot will no longer be restricted to the selection of representatives upon whom must rest the responsibility of legislation, but it will be in absolute command, making and repealing laws, freed even from the possibility of veto or appeal. ”

“ He who holds it is false to our theory of government, is no better than a monarchist.
Give us direct legislation, such as the initiative and referendum would establish, and there will be an end to sale of franchises by representatives and no laws will be enacted to rob the people of their rights and property. The place to begin with direct voting is in nomination of all candidates for public office—a People’s Party must abolish all delegate conventions for making nominations and platforms; must adopt direct voting for candidates and for declarations of principles ”

“ Those principles apply here. For to repeat, wealth or fee paying has, in our view, no relation to voting qualifications; the right to vote is too precious, too fundamental to be so burdened or conditioned. ”

“ Gray, though not determinative here, since involving the weighting of votes in statewide elections, established the basic principle of equality among voters within a State, and held that voters cannot be classified, constitutionally, on the basis of where they live, at least with respect to voting in statewide elections. ”

“ A law compelling men to vote would seem to be equally inexpedient and impracticable. But by refraining from voting in any number, the voters repose the decision of the question in the hands of an unknown minority, who, by exercising their privilege, frequently bring about a state of things by which representation is given, not to the political views of the constituency, but to their very opposite. ”

“ The cherished right of people in a country like ours to vote cannot be obliterated by the use of laws like this, which leave the voting fate of a citizen to the passing whim or impulse of an individual registrar. ”

“ In such an election the majority of the voters would make a law where no law had existed before; and they would make that law in violation of the rules of conduct by which the people themselves had solemnly declared they ought to be bound. The exercise of such a power, if it is to exist, cannot be limited to the particular cases which you or I or any man now living may have in mind. It must be general. If it can be exercised at all it can and will be exercised by the majority whenever they wish to exercise it. ”

“ I could here set down many reflections on the simple right of voting in every act of Sovereignty—a right which no-one can take from the citizens—and also on the right of stating views, making proposals, dividing and discussing, which the government is always most careful to leave solely to its members ”

“ In the analogous area of legislative apportionment, we have often tolerated a temporary dilution of voting rights to protect the legitimate interests of the States in fashioning their own election laws, see, e.g., Lucas v. ”

“ So we have demands for extended terms of office; we have opposition to the election of President and senators by popular vote; we have opposition to the selection of Federal judges other than by appointment of the President and Senate; we have, above all, opposition to direct popular voting upon questions of public policy, upon granting public franchises. ”

“ That all the colored voters of that district will be urged and helped to pay their taxes, and thus for one year at least avoid disfranchisement, and will have an opportunity to vote unmolested, though a good reason for congratulation, is nothing worthy of very great consideration. But the prominent and startling feature of this incident is the fact that those who, through no fault of theirs, are least qualified for the responsible trust, hold the balance of power and cast the decisive vote. ”

“ If either house may reject, or by dissenting cause a rejection, then it is in the power of either house to overthrow the electoral colleges or the popular vote, and throw the election upon the House of Representatives. This, it is clear to me, cannot be lawfully done unless no candidate has received a majority of the votes of all the electors appointed. The sworn duty is to ascertain what persons have been chosen by the electors, and not to elect by Congress. ”

“ Our soldiers and sailors and marines know that the overwhelming majority of them will be deprived of the opportunity to vote, if the voting machinery is left exclusively to the States under existing State laws—and that there is no likelihood of these laws being changed in time to enable them to vote at the next election. ”

“ The legislature would be given free choice. As my Brother DOUGLAS' opinion shows, the Constitution attempts something quite different. It purports to give the legislature power to complete the process begun at the polls-to cast aside the vote of the electorate and award the office to the winner or the loser of the popular election, as it may see fit. ”

“ If, then, there is no peculiar fitness in delegating such a power to the state legislatures; if it might be hazardous and inconvenient; let us see, whether there are any solid dangers from confiding the superintending and ultimate power over elections to the national government. There is no pretence to say, that the power in the national government can be used, so as to exclude any state from its share in the representation in congress. Nor can it be said, with correctness, that congress can, in any way, alter the rights, or qualifications of voters. ”

“ Or they take another step, and say ‘One vote can do no harm!’ and vote for something which they do not approve, because their party or set votes for it. Of course this puts them in the power of any party having a steady interest to promote which does not conflict manifestly with the pecuniary interest of the voters. But if they should come to be interested in themselves and in their career, they would no more stay away from the election than from their own counting-room or the house of their friend. ”