Publius-Huldah's Blog

Understanding the Constitution

Arizona’s Proposition 200: What The Constitution Really Says About Voter Qualifications & Exposing The “Elections Clause” Argument.

By Publius Huldah.

In the recent opinion of the Ninth Circuit Court of Appeals in Gonzalez v Arizona 200, ***  Judges Sandra S. Ikuta & Sandra Day O’Connor overturned an initiative (Proposition 200) passed by the People of Arizona which … [prepare yourself] … requires Arizona “residents” who apply to register to vote, to provide … [this is really quite shocking] … documentary proof of citizenship!  Yes, THE PEOPLE OF THE STATE OF ARIZONA, which has been overrun with illegal Mexican aliens, want to ensure that only citizens vote.

But Ikuta & O’Connor say The people of Arizona may not do that. Those two judges say that Proposition 200 is void as inconsistent with the National Voter Registration Act of 1993, 42 U.S.C. § 1973gg (NVRA), the “central purpose” of which is “to increase voter registration by streamlining voter registration procedures” (Opinion p. 30). 1 The NVRA does not require applicants for voter registration to provide documentary proof of citizenship. Therefore, say Ikuta & O’Connor, the STATES may not require it.

Nonsense! I will show you that the NVRA is unconstitutional as outside the legislative powers granted to Congress by the Constitution.  It is also contrary to Art. I, Sec. 2, cl. 1, U.S. Constitution, which shows that prescribing qualifications & registration of voters is a pre-existing power expressly reserved by the States!

Congress is granted by Art. I, Sec. 4, cl. 1, a very limited power over the “holding” of “Elections”:  This is the so-called “elections clause” which the federal government is using to gobble up Art. I, Sec. 2, cl.1.  But the federal government acts unlawfully because the “elections clause” is expressly restricted to “The Times, Places and Manner of holding Elections” – it does not extend to prescribing qualifications & registration of voters.

 

The U.S. Constitution Enshrines the Pre-existing Practice Where THE PEOPLE of The STATES Qualify & Register Voters.

1.   Article I, Sec. 2, clause 1, U.S. Constitution, says:

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. [emphasis added]

The words in bold face tell us THE  STATES set the qualifications for electors ["voters"]:  Whoever votes in elections for the State House, is eligible to vote for members of the federal House of Representatives.

Alexander Hamilton or James Madison [it is not certain which is author] confirms this in Federalist Paper No. 52 (2nd para):

The first view to be taken of …[the House of Representatives] relates to the qualifications of the electors [voters] and the elected. Those of the former are to be the same with those of the electors of the most numerous branch of the State legislatures. The definition of the right of suffrage is very justly regarded as a fundamental article of republican government. It was incumbent on the convention, therefore, to define and establish this right in the Constitution. To have submitted it to the legislative discretion of the States, would have been improper for the same reason; and for the additional reason that it would have rendered too dependent on the State governments that branch of the federal government which ought to be dependent on the people alone. To have reduced the different qualifications in the different States to one uniform rule, would probably have been as dissatisfactory to some of the States as it would have been difficult to the convention. The provision made by the convention appears … to be the best that lay within their option. It must be satisfactory to every State, because it is conformable to the standard already established, or which may be established, by the State itself. It will be safe to the United States, because, being fixed by the State constitutions, it is not alterable by the State governments, and it cannot be feared that the people of the States will alter this part of their constitutions in such a manner as to abridge the rights secured to them by the federal Constitution. [emphasis added]

In  Federalist No. 57 (5th para) Hamilton [or Madison] say:

Who are to be the electors of the federal representatives? …The electors …  are to be the same who exercise the right in every State of electing the corresponding branch of the legislature of the State. [emphasis added]

Do you see? Before the U.S. Constitution was ratified, THE PEOPLE OF THE STATES  qualified & registered voters; these qualifications WERE SET FORTH IN THEIR STATE CONSTITUTIONS, and they differed from STATE to STATE.  This is the practice which was enshrined in Art. I, Sec. 2, cl. 1, U.S. Constitution.

2.  So!  Everyone understood that in the U.S. Constitution, the States – or rather, THE PEOPLE OF THE  STATES by means of their State Constitutions – retained authority to qualify & register voters.

Accordingly, even though Sec.  1 of the 14th Amendment (ratified 1868) made citizens of the freed slaves, they still couldn’t vote unless their States let them.  Section 2 merely said that if a State denied suffrage to such new citizens, then the State’s population number for purposes of apportioning Representatives would be reduced.

Thus, in 1868, everyone still understood that THE  STATES had reserved the power over qualification & registration of voters.

The Amendments to the U.S. Constitution Addressing Suffrage.

3. Everyone understood that Congress couldn’t simply make a law requiring the States to register former slaves to vote.  The Constitution had to be amended to mandate black suffrage.  Hence, the 15th Amendment (ratified in 1870) says the right of citizens to vote shall not be denied “on account of race, color, or previous condition of servitude”.

 

4.  Now let us look at the 17th Amendment (ratified 1913) which provides for the popular election of U.S. Senators. 2 Clause 1 reiterates the Principle in Art. I, Sec. 2, cl.1, that qualifications for electors [voters] are set by THE STATES:

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.  The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. [emphasis added]

See?  In 1913, everyone still understood that THE STATES decide who may vote, subject to any Amendments (such as the 15th), which extend suffrage to categories of citizens.

5.  Thereafter, additional such Amendments provided that the right of citizens to vote shall not be denied or abridged on account of sex (19th Amendment, ratified 1920), failure to pay any tax (24th Amendment, ratified 1964), or age for citizens who are eighteen years of age or older (26th Amendment, ratified 1971).

The reason for the Amendments was this:  Everyone understood that Congress has no authority to make laws requiring STATES to register blacks, women, tax avoiders, or children!  The States retain complete control over the qualification and registration of voters except as relinquished by the States by means of  Amendments to the U.S. Constitution ratified by three fourths of the States (Art. V).

What the U.S. Constitution, As Amended, Now Says about Qualifications of Voters

6.  So!  Under Art. I, Sec. 2, cl. 1; the 17th Amendment, cl. 1; and the 15th, 19th, 24th, & 26th Amendments, The People of the States may set whatever qualifications they like for registering citizens to vote, as long as they do not deny it to any citizen on account of race (15th Amendment), sex (19th Amendment), failure to pay a tax (24th Amendment), or age for those 18 years or more (26th Amendment).  States are free to deny registration to black citizens, female citizens, tax avoider citizens, and citizens over the age of 18 on other grounds – such as conviction of a felony, or illiteracy in English. 3 States may require, as a condition to registering to vote, that citizens pass a Logic test, outline The Federalist Papers, take an Oath to support the Constitution, and recite the Declaration of Independence by Heart!  States may prohibit welfare recipients – the “Take It From Somebody Else And Give It To Me” block – from voting altogether.  4 The only way the federal government can lawfully force any one State to register the illiterates, the irrational, the ignorant, the welfare parasites, or invading Mexican aliens, is by Constitutional Amendment ratified by three fourths of the  OTHER States (Art. V).

The Dishonest “Elections Clause” Argument.

7. Today, liberals/progressives and their minions & pawns have infiltrated our Institutions and seized the political Power. In order to fundamentally transform the Constitutional Republic our Framers gave us into a global totalitarian dictatorship, they must increase their voter base until their system is fully in place. Because the American People are opposing this unconstitutional transformation, they need a new ignorant, illiterate underclass who will sell their votes for welfare handouts.  This is why they want Mexican invaders to vote, be they citizens or not.  5

8. Accordingly, the federal government is using Art. I, Sec. 4, cl.1, the “elections clause”, to strip the People of the STATES of their power (reserved by Art. I, Sec. 2, cl. 1 & the 17th Amendment, cl. 1) to qualify & register voters.

The “elections clause” (Art. I, Sec. 4, cl.1) says:

The Times, Places 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 chusing Senators.[emphasis added]

Times?  Places of Chusing Representatives?  Manner of “holding Elections”? What do these have to do with qualifying & registering voters?   In  Federalist No. 60 (next to last para), Hamilton explains that prescribing qualifications of the voters

….forms no part of the power to be conferred upon the national government. Its authority would be expressly restricted to the regulation of the TIMES, the PLACES, the MANNER of elections. The qualifications of the persons who may choose or be chosen, as has been remarked upon other occasions, are defined and fixed in the Constitution, and are unalterable by the legislature. [capitals are Hamilton's; other emphasis mine]

Fancy that! Article I, Sec. 4, cl. 1, means what it says:  Congress’ authority is restricted to the “times”, “places”, & “manner” of “holding elections”!   And Congress’ authority does not extend to prescribing qualifications of electors:  That is “defined and fixed” in Art. I, Sec. 2, cl. 1, and is “unalterable” by Congress.

Perhaps because Hamilton foresaw a day when we would be plagued with Congressmen and federal judges too ignorant, sloppy, or dishonest to adhere to the plain & obvious meanings of  “time”, “place”, & “manner”, he spelled it out in Federalist No. 61:

“TIME” refers to when elections are held. Hamilton explains that States had been conducting elections from March to November; and that uniformity in the time of elections is necessary “for conveniently assembling the [federal] legislature at a stated period in each year” (4th & 5th paras).

“PLACE”: Hamilton points out that the suffrages of citizens 6living in certain parts of  the States could be defeated by restricting the place of election for Representatives in the House to “an INCONVENIENT DISTANCE from the elector” (2nd para).

James Madison discusses “MANNER of holding Elections” in The Records of the Federal Convention of 1787, vol. 2, THURSDAY, AUGUST 9, 1787. [here]

Mr. Madison: … the Legislatures of the States ought not to have the uncontrouled right of regulating the times places & manner of holding elections. These were words of great latitude. It was impossible to foresee all the abuses that might be made of the discretionary power. Whether the electors should vote by ballot or vivâ voce, should assemble at this place or that place; should be divided into districts or all meet at one place, shd all vote for all the representatives; or all in a district vote for a number allotted to the district; these & many other points would depend on the Legislatures. and might materially affect the appointments …. what danger could there be in giving a controuling power to the Natl. Legislature? Of whom was it to consist? 1. of a Senate to be chosen by the State Legislatures…. 2. of Representatives elected by the same people who elect the State Legislatures… [emphasis added]

Rufus King in the Massachusetts Convention said: [The Records of the Federal Convention of 1787, vol. 3, January 21, 1788 [here]:

Hon. Mr. King rose to pursue the inquiry, why the place and manner of holding elections were omitted in the section under debate. It was to be observed, he said, that in the Constitution of Massachusetts, and other States, the manner and place of elections were provided for; the manner was by ballot, and the places towns; for, said he, we happened to settle originally in townships… [emphasis added]

And so WE see that “MANNER of holding Elections” refers to such things as paper ballots or show of hands, the place of voting, & whether the States will be divided into congressional districts for purposes of electing Representatives.

 

9.  “Holding Elections”is the actual voting part of the process.  Webster’s American Dictionary (1828), defines “Election”:

The act of choosing; choice; the act of selecting one or more from others…The act of choosing a person to fill an office or employment, by any manifestation of preference, as by ballot, uplifted hands or viva voce; as the election of a king, of a president, or a mayor.

So!  Now YOU know exactly what Art. I, Sec. 4, cl. 1 means.  Now, let us see what the Ninth Circuit did to Our Constitution.

The Ninth Circuit’s Opinion in Gonzalez v. Arizona 200

10.  The majority opinion is a tangled web of 62 pages. I address three points: (a) They misrepresented what Alexander Hamilton & James Madison actually said; (b) They ignored Art. I, Sec. 2, cl. 1; and (c) They rewrote Art. I, Sec. 4, cl. 1.

(a) Five of the Federalist Papers specifically address Art. I, Sec. 2, cl. 1 & Art. I, Sec. 4, cl. 1:  Federalist No. 52, 57, 59, 60, & 61.  This paper honestly sets forth the gist of what these five Papers say [still, read them yourselves]. 7

But Ikuta & O’Connor ignored the passages this paper brings to your attention, and selected only the following two quotes from Federalist No. 59 (and one from No. 33 where they misrepresented what Hamilton said about the “supremacy clause”) 8On page 15, in support of their assertion that

… The Framers decided that Congress should be given the authority to oversee the states’ procedures related to national elections as a safeguard against potential state abuse. See U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 … [emphasis added]

they quote from Federalist No. 59:

…[n]othing 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…

On page 16 at footnote 8, they say:

Alexander Hamilton described the need for congressional oversight of the states as follows: “[The Framers] have submitted the regulation of elections for the federal government, in the first instance, to the local administrations; which, in ordinary cases, and when no improper views prevail, may be both more convenient and more satisfactory; but they have reserved to the national authority a right to interpose, whenever extraordinary circumstances might render that interposition necessary to its safety.” The Federalist No. 59.

That’s it!  No mention of Federalist Nos. 52, 57, 60 & 61 which are quoted above. Isn’t that odd? Furthermore, Federalist No. 59 is the first of  a sequence of three papers which focus on Art. I, Sec. 4, cl. 1; and in this introductory paper, Hamilton explains why Congress must have the power granted by Sec. 4:  Otherwise, everyelection might result in the dissolution of the Union, if States prevented an election.  And as YOU have already seen, the meat of Hamilton’s discussion of Sec. 4 is in Nos. 60 & 61.

Ikuta & O’Connor next imply (page 16) that James Madison’s words at the Federal Convention of 1787 support their assertion that

…the Framers approved language giving Congress power to “make or alter” the states’ regulations. See 5 Elliot’s Debates 401-02 (statement of James Madison)…

5 Elliot’s Debates 401-02 is just a different edition of  The Records of the Federal Convention of 1787, vol. 2, THURSDAY, AUGUST 9, 1787. [here], which is quoted at length above.  And Madison is quite clear that the “Natl. Legislature['s]” “controuling power” is only over “the times places & manner of holding elections“; he illustrates what that phrase means; and he reminds us that no “danger” could come of it because the “Natl. Legislature” consists “of a Senate to be chosen by the State Legislatures” and “of Representatives elected by the same people who elect the State Legislatures” [via Art. I, Sec. 2, cl. 1].

This is what Madison actually said [read it yourself!].  So the Ninth Circuit’s statement that Madison said Art. I, Sec. 4, cl. 1 gave to Congress the much broader power to make or alter the states’ “regulations”or the “mechanics of federal elections” is simply false.

(b) Not only did Ikuta & O’Connor ignore Art. I, Sec. 2, cl. 1, they embraced and perpetuated a monstrous falsehood:

As shown above in Federalist No. 52 (2nd para), which discusses Art. I, Sec. 2, cl. 1, the States retained their preexisting power to qualify & register voters.  The Framers expressly declined to reduce “the different qualifications [for voters]  in the different States to one uniform rule”, and theydrafted a clause [Art. I, Sec. 2, cl. 1] which “is conformable to the standard already established,or which may be established, by the State itself.”

In spite of this, Ikuta & O’Connor said on page 16:

the authority to regulate national elections “aris[es] from the Constitution itself,” and is therefore “not a reserved power of the States.” U.S. Term Limits, 514 U.S. at 805. Because federal elections did not come into being until the federal government was formed, individual states have no inherent or preexisting authority over this domain. See d. at 804-05. [emphasis added]

And on page 19:

… the states’ sole power over national election procedures is that delegated by the Elections Clause, U.S. Term Limits, 514 U.S. at 805, and states otherwise have no reserved authority over this domain … [emphasis added]

Do you see?  Their claim that the states have “no inherent or preexisting authority” or “reserved authority” over qualifications & registration of voters, is demonstrably FALSE.

Many lawyers will say the Ninth Circuit has no choice but to follow the supreme Court in U.S. Term Limits, Inc. v. Thornton, 9 and other such opinions. But that is not true.  Our Oath of Office is to support The Constitution – not to obey the supreme Court (Art. VI, cl. 3).  Are we stupid sheep who blindly follow the supreme Court?  Or can we become bold men & women who think for ourselves and obey The Constitution?

Furthermore, supreme Court opinions are NOT “law” – they are decisions in cases.  The “supreme Law of the Land” is expressly restricted to The Constitution and to those Acts of Congress and treaties which are made pursuant to the Constitution. (Art. VI, cl. 2).

(c) Finally, let us see how Ikuta & O’Connor rewrote Art. I, Sec. 4, cl. 1. As you know, that clause actually says:

The Times, Places 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 chusing Senators.[emphasis added]

Now watch as they transform “Times, Places and Manner of holding Elections” into an unlimited grant of power to Congress to do precisely what Hamilton said “forms no part of the power to be conferred upon the national government” (Federalist No. 60, next to last para):

 

On p.15 of their Opinion, they said:

… the Elections Clause gives state governments initial responsibility to regulate the mechanics of national elections, “but only so far as Congress declines to preempt state legislative choices.” Foster v. Love, 522 U.S. 67, 69 (1997) …[emphasis added]

Also on page 15:

… The Framers decided that Congress should be given the authority to oversee the states’ procedures related to national elections … See U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 808-09 (1995)…[emphasis added]

On page 17:

… Not only does the Elections Clause grant Congress authority to supersede state election laws… [emphasis added]

On pages 17 & 18:

…a state’s role in the creation and implementation of federal election procedures under the Elections Clause is to administer the elections through its own procedures until Congress deems otherwise; if and when Congress acts, the states are obligated to conform to and carry out whatever procedures Congress requires. See Foster, 522 U.S. at 69 [emphasis added]

On page 20:

… Because the Elections Clause empowered Congress to enact the NVRA, Wilson, 60 F.3d at 1414…[emphasis added]

On page 25:

…Under the Elections Clause, Congress had the power “to provide a complete code for congressional elections, not only as to times and places, but in relation to . . . registration.” Smiley v. Holm, 285 U.S. 355, 366 (1932)…[emphasis added]

On page 34:

… Given that the Elections Clause gives Congress ultimate authority over the federal voter registration process, Colgrove, 328 U.S. at 554… [emphasis added]

So!  These judges rewrote Art. I, Sec. 4, cl. 1 in order to uphold the NVRA which purports to give Congress total control over voter qualification & registration!

Conclusion

11.  In Federalist No. 60 (1st, 4th, & next to last para), Hamilton discusses the concern that Art. I, Sec. 4, cl. 1, might be used by the federal government “in such a manner as to promote the election of some favorite class of men in exclusion of others” via regulation of the “places”, “time and manner” of elections.  Hamilton says this would never happen because:

qualifications…for those who may elect or be elected …forms no part of the power to be conferred upon the national government. Its authority would be expressly restricted to the regulation of the TIMES, the PLACES, the MANNER of elections. The qualifications of the persons who may choose or be chosen, as has been remarked upon other occasions, are defined and fixed in the Constitution, and are unalterable by the legislature [Congress] [emphasis added]

But the liberals/progressives and their minions & pawns are using Art. I, Sec. 4, cl. 1 to gobble up Art. I, Sec. 2, cl. 1 in order to mandate the extension of suffrage to existing welfare recipients and to other notorious consumers of welfare handouts (e.g., Mexican aliens), in order “to promote the election of some favorite class of men in exclusion of others”.  And who is this “favorite class of men” whom they want elected?  More liberals/progressives.

But Congress has no authority to make laws which “increase voter participation”.  Congress’ authority is expressly restricted to the “Times, Places, and Manner of holding Elections”, and Hamilton & Madison show us exactly what that means.

Hamilton says that if the federal government were to attempt such a thing, it would cause “an immediate revolt of the great body of the people, headed and directed by the State governments” (2nd & last paras).  Do we have the courage to stand up and honor our Oaths to support The Constitution?

12. THE PEOPLE OF THE STATE OF ARIZONA are well within their pre-existing, reserved, & retained rights, enshrined by Art. I, Sec. 2, cl. 1, to require applicants for voter registration to provide documentary proof of citizenship.  Qualification & registration of voters “forms no part of the power to be conferred upon the national government” (Federalist No. 60, next to last para). PH.

Endnotes:

*** The 9th Circuit Opinion I discuss herein was issued during October 2010; but has been removed from the site I linked to.  That was a 9th Circuit site – so perhaps shame at the dishonesty of their opinion prompted its removal.  One can always hope.

1 The majority opinion sets forth the gist of the National Voter Registration Act:

The NVRA is a comprehensive scheme enacting three significant changes to federal election registration procedures nationwide: (1) it creates a standard “Federal Form”…for registering federal voters; (2) it requires states to establish procedures to register voters for federal elections according to three prescribed methods; and (3) it regulates maintenance of voting lists. See 42 U.S.C. § 1973gg et seq. (p. 25)

…the NVRA requires states to make registration opportunities widely available, at the motor vehicle bureau, § 1973gg-3, by mail, § 1973gg-4, and at public assistance, disability service, and other designated state offices, § 1973gg-5 … the NVRA eases the burdens of completing registration forms. At the motor vehicle authority, for instance, voter registration must be included as part of the driver’s license application and the combined form cannot require duplicative information. § 1973gg-3(c)(2)(A). The NVRA also regulates the Federal Form to meet its goal of eliminating obstacles to voter registration. See§ 1973gg(b)(1)-(2). Thus, the NVRA forbids the EAC from including any identifying information beyond that “necessary to enable the appropriate State election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process.” § 1973gg-7(b)(1)… (p. 30)

2 Art. I, Sec. 3, cl.1, said U.S. Senators were to be chosen by State Legislatures. This is how STATES – the Members of the Federation – had their representatives in Congress!

In Federalist No. 62 (3rd & 6th paras), Hamilton [or Madison] says Senators are to be appointed by State legislatures in order to secure the authority of the States in the federal government, and as protection against “improper acts of legislation”:

No law or resolution can now be passed without the concurrence, first, of a majority of the people [via the House of Representatives], and then of a majority of the States [via Senators appointed by their State legislatures].

Because The People allowed themselves to be manipulated into supporting the 17th Amendment, THE  STATES lost their representation in Congress, the sovereignty of THE  STATES was destroyed, “federalism” was obliterated, and we morphed into a Country with an unconstitutional national, & increasingly totalitarian, government.

3 The federal government banned STATE literacy requirements for voting, claiming that they disproportionally disenfranchised black citizens (Apparently, they believed that most black people were too stupid to learn how to read.).  But the Constitution does not give the federal government authority to dictate what STATES must & must not do re voter eligibility & registration – other than that STATES may not deny or abridge the right of citizens to vote on account of race (15th Amdt.), sex (19th Amdt.), failure to pay any tax (24th Amdt.), or age for citizens of eighteen years or more (26th Amdt.).  If the federal government wants to force any STATE to allow illiterates to vote, it must get an Amendment ratified by three fourths of the other states which says that the right of citizens to vote shall not be denied or abridged on account of  illiteracy. Likewise, if they want to force any STATE to allow illegal aliens to vote, they must get an Amendment ratified by three fourths of the other states which says that aliens may vote.

4 The liberals/progressives know that when they get a majority who vote for politicians who give them handouts, our Republic is finished. Before that happens, will the STATES figure this out, get some Spine, and exercise their reserved powers enshrined in Art. I, Sec. 2, cl. 1, to ban welfare parasites from voting?  It is impossible to sate the Lust for Plunder of those whose sole occupation is to live at other peoples’ expense.

5 We must distinguish between “race” and “culture”. God’s people come from “every tribe and language, nation and race” (Revelation 5:9, 7:9).  So Christians may not despise people on account of their race, ethnic or national origin. However, cultures are not equal in any sense of the word – many of them are altogether degenerate, criminal, & corrupt.  Will we commit suicide by continuing to permit the importation of alien, criminal & corrupt cultures?  Face Reality, People! See also Dr. Thomas Sowell’s excellent book, “Race and Culture: A World View”.

6 Voting in this Country has always been restricted to Citizens!   But not all citizens qualified to vote.

7 The Federalist Papers are THE most authoritative commentary on the true meaning of our Constitution.  At a meeting of the Board of Visitors of the University of Virginia on March 4, 1825 at which Thomas Jefferson & James Madison were present, the following Resolution selecting the texts for the Law school, was passed:

…on the distinctive principles of the government of our own state, and of that of the US. the best guides are to be found in 1. the Declaration of Independance, as the fundamental act of union of these states. 2. the book known by the title of ‘The Federalist’, being an authority to which appeal is habitually made by all, and rarely declined or denied by any as evidence of the general opinion of those who framed, and of those who accepted the Constitution of the US. on questions as to it’s genuine meaning…. (page 83)

8 On page 18, they mention a comment by Hamilton in Federalist No. 33 on the “supremacy clause”.  But go here to see what Hamilton really says about the “supremacy clause” (Art. VI, cl. 2).

9   The dissenting opinion in U.S. Term Limits, Inc. v. Thornton (1995) by Justice Clarence Thomas is a rare jewel well worth reading! PH

December 5, 2010;  edited April 1, 2014

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December 5, 2010 - Posted by | Arizona's Proposition 200, Elections Clause, Voter eligibility, Voter Qualifications

16 Comments »

  1. […] Arizona’s Proposition 200: What The Constitution Really Says About Voter Qualifications & …, I show how the federal government infringed upon the States’ retained powers over voter […]

    Pingback by Mark Levin's Liberty Amendments: Legalizing Tyranny - Sons of Liberty Media | October 12, 2014 | Reply

  2. […] Arizona’s Proposition 200: What The Constitution Really Says About Voter Qualifications & Expo…, I show how the federal government infringed upon the States’ retained powers over voter […]

    Pingback by Mark Levin’s “Liberty” Amendments: Legalizing Tyranny « Publius-Huldah's Blog | April 25, 2014 | Reply

  3. […] Arizona’s Proposition 200: What The Constitution Really Says About Voter Qualifications & …, I show how the federal government infringed upon the States’ retained powers over voter […]

    Pingback by Mark Levin’s “liberty” amendments: legalizing tyranny | Parker County Blog | April 16, 2014 | Reply

  4. […] Arizona’s Proposition 200: What The Constitution Really Says About Voter Qualifications & Expo…, I show how the federal government infringed upon the States’ retained powers over voter […]

    Pingback by Mark Levin's 'Liberty' Amendments: Legalizing Tyranny | American Clarion | April 14, 2014 | Reply

  5. […] Arizona’s Proposition 200: What The Constitution Really Says About Voter Qualifications & Exp…, I show how the federal government infringed upon the States’ retained powers over voter […]

    Pingback by Mark Levin’s “Liberty” Amendments: Legalizing Tyranny | NoisyRoom.net | April 14, 2014 | Reply

  6. […] Arizona’s Proposition 200: What The Constitution Really Says About Voter Qualifications & Expo…, I show how the federal government infringed upon the States’ retained powers over voter […]

    Pingback by Mark Levin’s “Liberty” Amendments: Legalizing Tyranny | Grumpy Opinions | April 14, 2014 | Reply

  7. […] 7 The result of the voting amendments (15th, 19th, 24th, 26th)was to transfer the power of determining voter qualifications from the States (Art. I, Sec. 2, cl.1) to the…. […]

    Pingback by Propaganda And The Conspiracy against Our Constitution « Publius-Huldah's Blog | January 28, 2014 | Reply

  8. […] The conspirators also say a “Constitutional Convention” is safe because no amendment will be passed which is not ratified by ¾ of the States. This is deceptive because the concern is about a runaway convention &a new Constitution – not amendments. Since a new Constitution can have any method of ratification the delegates want, it can be forced on us. 5. See Propaganda and Debating Techniques by A. Orange. Orange is a “librul”, and on a vendetta against AA. But he understands how scoundrels use propaganda to deceive the unthinking. See how Adolf Hitler used these same techniques to manipulate the German People. 6. I addressed this same lie in “Mark Levin Refuted: Keep the Feds in Check with Nullification, not Amendments!” under the subheading, “What Levin Claims Article V Says”. Congress’ lack of discretion is limited to the issue of “to call or not to call” a convention once the requisite number of States has applied for it. After Congress “calls” the convention, Art. I, Sec. 8, last clause kicks in to empower Congress to make all laws necessary to carry out the call 7. The result of the voting amendments (15th, 19th, 24th,26th) was to transfer the power of determining voter qualifications from the States (Art. I, Sec. 2, cl.1)…. […]

    Pingback by Bridge for sale…cheap! | Scanned Retina Resource | January 25, 2014 | Reply

  9. While I agree with your conclusion, the Federalist papers represent the views of certain founders, the ones who were most in favor of a central government. I think its possible to support this law with other arguments.

    lawblog.legalmatch.com/2012/06/20/arizona-pass-law-doesnt-national-headlines/

    Comment by Jay Chong | June 20, 2012 | Reply

    • Thank you Jay, but you are quite wrong on two counts:

      1. The Federalist Papers were written to explain the proposed Constitution to the People and to induce them to ratify it. For this reason, they are authoritative on the genuine meaning of the Constitution. Furthermore, the Federalist Papers were once recognized as authoritative.

      See the Minutes of March 4, 1825 of the Board of Visitors of the University of Virginia where they voted to make The Federalist Papers one of the texts books for the Law School. Thomas Jefferson and James Madison were both present. The Board passed a resolution which said:

      …on the distinctive principles of the government of our own state, and of that of the US. the best guides are to be found in 1. the Declaration of Independance, as the fundamental act of union of these states. 2. the book known by the title of `The Federalist’, being an authority to which appeal is habitually made by all, and rarely declined or denied by any as evidence of the general opinion of those who framed, and of those who accepted the Constitution of the US. on questions as to it’s genuine meaning…. (page 83) [emphasis added]

      Here is the link to the Univ. of Virginia website where you can read the record: http://xtf.lib.virginia.edu/xtf/view?docId=2006_04/uvaGenText/tei/bov_18250304.xml&query=true

      It really wasn’t until the late 1800s when judges applied the theory of evolution to law that judges stopped seeing the Constitution as a set of fixed Principles authoritatively explained by The Federalist Papers, and started seeing the Constitution as a document which “evolves” and they – the judges – get to decide how it “evolves”.

      Say you and I enter into a contract. And then I inform you, “This contract means what I say it means! Do you see? Would you be happy with that?

      2. It is not true that the Framers of Our Constitution favored a strong “central government”. Our Constitution ordained and established a Federation of Sovereign States which united only for THE LIMITED PURPOSES enumerated in the Constitution: national defense, international commerce and relations; and domestically the creation of an uniform commercial system: Weights & measures, patents & copyrights, a monetary system based on gold & silver, bankruptcy laws, and mail delivery.

      That’s it, Jay! Read my 3 papers on the Enumerated powers of Congress, of the President, and of the federal Courts.
      Do read them. I tell the Truth, and support all that I say with quotations from The Federalist Papers.

      But first, read Federalist No. 45 (9th para), where James Madison, Father of Our Constitution, says,

      The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.

      Here is the link to Federalist No. 45 http://www.foundingfathers.info/federalistpapers/fed45.htm

      Comment by Publius/Huldah | June 20, 2012 | Reply

  10. THANK YOU SO MUCH FOR THIS GREAT WORK!
    .
    But the next natural question is, “Just exactly how do we proceed with restoration of the primitive form and principle of our constitution? What is the action plan to move this excellent analysis into reality?

    Comment by DUANE ENGDAHL | February 23, 2012 | Reply

    • Dear One, I am working on a Paper of Principles and Proof and proposed Legislation for the States right now. I will post it when it is done. Everyone may take it and run with it.

      We will have to begin by converting our existing State Senators and Representatives to our State Legislatures to get them to obey the U.S. Constitution and to stand up to those who don’t. I will provide the Principles & Proof which they need to defend their positions.

      For those State legislators whom we can’t convert, we will have to find people to challenge and defeat them in the next elections for their seats.

      Comment by Publius/Huldah | February 23, 2012 | Reply

  11. [...] Yup. That’s the same Arizona that is having so many problems with illegal immigrants. Plubius  Huldah explains what  Judges Sandra S. Ikuta & Sandra Day O’Connor ruled: …The people of [...]

    Pingback by Time To Impeach A Few More Federal Judges « Conservatives on Fire | December 13, 2010 | Reply

  12. it is a trap that they are creating. when people sign a document saying that they are a citizen if The State of Arizona they are admitting that they are in reality a US citizen as apposed to being a Citizen of the USA and a Citizen of Arizona the Republic.

    Comment by Charles Wray | December 6, 2010 | Reply

  13. [...] way the federal government can lawfully force any one State to register the illiterates, …Original Article var a2a_config = a2a_config || {}; a2a_localize = { Share: "Share", Save: "Save", Subscribe: [...]

    Pingback by Arizona’s Proposition 200: What the Constitution Really Says About … | December 6, 2010 | Reply

  14. Mrs, huldah;
    Again and another astute and 100% correct reading and understanding of our magnificent CONSTITUTION.

    You are now on the top of my list and personal CONSTITUTIONAL heroins for readings as I forever and continously try to help myself and others see how our NON-servants of the true government (WE THE PEOPLE) continously bastardize the supreme law of the land for political and idological gains.

    I always wonder how I could encourage Americans to read this wonderful doument and it’s definitions (lack of better word) in the federalist papers if I were the president. I think those like yourself deserve medals of freedom.

    Comment by plainolamerican | December 5, 2010 | Reply


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