mcpherson blacker argued decided october statement chief justice fuller william mcpherson jay hubbell henry carstens charles hiscock otto ihling philip colgrove conrad swensburg henry haigh james white fred slocum justus stearns john millen julius hannah comstock filed petition affidavits state michigan may nominees presidential electors robert blacker secretary state michigan praying declare act legislature approved may act pub acts entitled act provide election electors president vice president repeal acts parts acts confiict herewith void effect writ mandamus directed issued said secretary state commanding cause delivered sheriff county state july september notice writing next general election state held tuesday day november chosen among officers named said notice many electors president vice president state may entitled elect senators representatives congress statute michigan ann provided secretary state shall day july day september preceding general election direct cause delivered sheriff county state notice writing next general election chosen many following officers elected general election viz governor lieutenant governor secretary state state treasurer auditor general attorney general superintendent public instruction commissioner state land office members state board education electors president vice president representative congress district counties shall belong rule show cause issued respondent secretary state answered petition denied refused give notice thus required said always custom office secretary state giving notices said section state notice number electors printed ticket voting precinct county state following custom reference notice intention respondent giving notice section state said notice elected one presidential elector large one district presidential elector two alternate presidential electors one elector large one district presidential elector voting precinct election may held accordance provisions act public acts state michigan amended answer respondent claimed benefit demurred relators relied petition upon various grounds invalidating act public acts michigan among act void conflict clause section article constitution fourteenth amendment instrument also provisions conflict act congress february entitled act fix day meeting electors president vice president provide regulate counting votes president vice president decision questions arising thereon michigan unanimously held none objections urged validity act tenable conflict clause art constitution fourteenth amendment thereof law inoperative far conflict law congress matter reference congress right legislate opinion found reported advance official series judgment given june denying writ mandamus whereupon writ error allowed october term commenced monday october tuesday october first day upon application made motion advance case submitted counsel granted view exigency disclosed upon face papers cause heard day attention called provisions election laws michigan supposed immediately involved act pub acts pp chief justice monday october announced conclusions directed entry judgment affirming judgment michigan ordering mandate issue stated done immediate action state statutes apparently required might affected delay added thereafter file opinion stating fully grounds decision act public acts michigan follows act provide election electors president vice president repeal acts parts acts conflict herewith people state michigan enact general election next preceding choice president vice president shall elected many electors president vice president state may entitled elect senators representatives congress following manner say shall elected electors districts hereinafter defined one elector president vice president district shall known designated ballot respectively district elector president vice president large district elector president vice president large shall also elected like manner two alternate electors president vice president shall known designated ballot district alternate elector president vice president large district alternate elector president vice president large purpose first second sixth seventh eighth tenth congressional districts shall compose one district known electoral district third fourth fifth ninth eleventh twelfth congressional districts shall compose district known electoral district shall also elected electors congressional district state shall divided one electors president vice president one alternate elector president vice president ballots shall designate number congressional district persons voted therein elector district elector president vice president respectively counting canvassing certifying votes cast said electors large alternates said district electors alternates shall done near may manner provided law election electors president vice president secretary state shall prepare three lists names electors alternate electors procure thereto signature governor affix seal state deliver certificates thus signed sealed one electors first wednesday december next following said general election case death disability refusal act neglect attend hour twelve noon said day either said electors large duties office shall performed alternate electors large say eastern district alternate elector large shall supply place eastern district elector large western district alternate elector large shall supply place western district elector large like case alternate congressional district elector shall supply place congressional district elector case two persons equal highest number votes office created act canvassed board state canvassers legislature joint convention shall choose one said persons fill office shall duty governor convene legislature special session purpose immediately upon determination said board state canvassers said electors president vice president shall convene senate chamber capital state hour twelve noon first wednesday december immediately following election shall proceed perform duties electors required constitution laws alternate electors shall also attendance shall take part proceedings except herein provided said electors alternate electors shall receive sum five dollars day attendance meetings electors provided five cents per mile actual necessary distance traveled way going returning said place meeting paid state treasurer upon allowance board state auditors acts parts acts conflict provisions act hereby repealed pub acts pp section howell annotated statutes michigan volume reads purpose canvassing ascertaining votes given electors president vice president board state canvassers shall meet wednesday next third monday november day time secretary state shall appoint powers duties proceedings said board secretary state sending examining ascertaining determining certifying recording votes results election electors shall respects near may hereinbefore provided relation sending examining ascertaining determining certifying recording votes results election state officers section howell statutes force prior may provided general election next preceding choice president vice president shall elected general ticket many electors president vice president state may entitled elect senators representatives congress following sections article constitution michigan secretary state state treasurer commissioner state land office shall constitute board state auditors examine adjust claims state otherwise provided general law shall constitute board state canvassers determine result elections governor lieutenant governor state officers officers shall law referred case two persons equal highest number votes office canvassed board state canvassers legislature joint convention shall choose one said persons fill office determination board state canvassers contested legislature joint convention shall decide person elected ann reference also made argument act congress february fix day meeting electors president vice president provide regulate counting votes henry duffield miller fred baker plaintiff error otto kirchner ellis john champlin defendant error chief justice fuller stating facts foregoing language delivered opinion michigan held effect act question invalid proper remedy sought words opinion act void writ mandamus awarded ruled objections validity act urged arising state constitution laws adversely plaintiffs error compelled consider dispose contention act invalid repugnant constitution laws authorized revise conclusions state matters local law conclusions accepted follows decision federal questions regarded necessary determination cause de saussure gaillard sup inasmuch section revised statutes jurisdiction writ error reverse affirm final judgment suit highest state decision validity statute state drawn question ground repugnant constitution laws decision favor validity perceive reason holding writ improvidently brought argued controversy judicial cognizance said questions connected election presidential elector political nature power finally dispose deeision subject review political officers agencies state board canvassers legislature joint convention governor finally congress judicial power extends cases law equity arising constitution laws case arising since validity state law drawn question repugnant constitution laws validity sustained boyd state sup matters judgment reviewed may rendered proceeding mandamus hartman greenhow concur state judgment affirmed judgment reversed either event questions submitted finally definitely disposed judgment pronounce judgment carried effect transmission mandate state question validity act presented us record judicial question decline exercise jurisdiction upon inadmissible suggestion action might taken political agencies disregard judgment highest tribunal state revised behalf plaintiffs error contended act void conflict clause art constitution fourteenth fifteenth amendments constitution act congress february second clause section article constitution words state shall appoint manner legislature thereof may direct number electors equal whole number senators representatives state may entitled congress senator representative person holding office trust profit shall appointed elector manner appointment electors directed act michigan election elector alternate elector twelve congressional districts state michigan divided elector alternate elector large two districts defined act insisted competent legislature direct manner appointment state appoint body politic corporate must act unit delegate authority subdivisions created purpose argued ment electors districts appointment state citizens otherwise qualified permitted vote presidential electors state ordinary sense constitution said chief justice chase texas white wall political community free citizens occupying territory defined boundaries organized government sanctioned limited written constitution established consent governed state act people collective capacity political agencies duly constituted established legislative power authority except limited constitution state sovereignty people exercised representatives legislature unless fundamental law power elsewhere reposed constitution frequently refers state political community also terms people several citizens state forbidden required done state forbidden required legislative power state constitutions exist clause consideration read people citizens shall appoint state shall words manner legislature thereof may direct omitted seem legislative power appointment successfully questioned absence provision state constitution regard hence insertion words operating limitation upon state respect attempt circumscribe legislative power held operate limitation power legislature possesses plenary authority direct manner appointment might exercise appointing power joint ballot concurrence two houses according mode designated difficult perceive legislature prescribes method appointment choice vote must necessarily general ticket districts words act appointment none less act state entirety rived districts act act political agencies duly authorized speak state combined result expression voice state result reached direction legislature whole subject committed first paragraph section art provided house representatives shall composed members chosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature third paragraph vacancies happen representation state executive authority thereof shall issue writs election fill vacancies section reads times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places choosing senators although thus declared people several shall choose members congress language induced state new york insert salvo power divide districts resolutions ratification state legislatures prior prescribing times places manner holding elections representatives usually apportioned state districts assigned representative act congress june carried forward section revised statutes provided state entitled one representative election districts never doubted representatives congress thus chosen represented entire people state acting sovereign capacity original clause art twelfth amendment superseded clause case failure election president people house representatives choose president vote shall taken representation state one vote state acts unit vote given unit vote arrived votes representatives congress elected districts state also acts individually electoral college although reason power legislature manner appointment vote electors may divided constitution provide appointment electors shall popular vote electors shall voted upon general ticket majority exercise elective franchise alone choose electors recognizes people act representatives legislature leaves legislature exclusively define method effecting object framers constitution employed words natural sense plain clear resort collateral aids interpretation unnecessary indulged narrow enlarge text ambiguity doubt two views may well entertained contemporaneous subsequent practical construction entitled greatest weight certainly plaintiffs error reasonably assert clause constitution consideration plainly sustains position entitle object contemporaneous history practical construction allowed legitimate force conceding argument inspires doubt sufficient justify resort aids interpretation thus afforded opinion doubt thereby resolved contemporaneous practical exposition constitution strong obstinate shaken controlled stuart laird cranch said word appropriate word describe result popular election perhaps sufficiently comprehensive cover mode manifestly used conveying broadest power determination used article articles confederation provided shall annually appointed manner legislature state shall direct resolution congress february declared expedient convention delegates shall appointed several held appointment delegates fact made legislatures directly involved denial authority direct mode constitutional convention resolution september expressed opinion congress fix day electors appointed shall ratified publication electors appointed senators representatives elected journal convention discloses propositions president elected citizens electors chosen people several instead congress voted jour conv elliot deb proposition president electors appointed purpose legislatures though one time adopted jour con elliot deb motion postpone consideration choice national legislature order take resolution providing electors elected qualified voters districts negatived committee whole jour conv elliot deb gerry proposed choice made state executives hamilton election electors chosen electors chosen people james wilson gouverneur morris strongly favor popular vote ellsworth luther martin preferred choice electors elected legislatures roger sherman appointment congress final result seems reconciled contrariety views leaving state legislatures appoint directly joint ballot concurrent separate action popular election districts general ticket otherwise might directed therefore reference contemporaneous subsequent action clause expect find various modes choosing electors pursued legislature joint ballot legislature concurrent vote two houses vote people general ticket vote people districts choice partly people voting indistricts partly people voting districts partly candidates voted people districts ways notably north carolina tennessee question raised power state appoint mode legislature saw fit adopt none single method applicable without exception must pursued absence amendment constitution district system largely considered equitable madison wrote system contemplated framers constitution although soon seen adoption might place disadvantage division strength uniform rule preferable first presidential election appointment electors made legislatures connecticut delaware georgia new jersey south carolina pennsylvania act october acts provided election electors general ticket virginia act november divided separate districts elector elected district election congressmen state divided districts laws sess pp massachusetts general resolve november divided state districts election representatives congress provided election december time qualified inhabitants district give votes two persons candidates elector president vice president two persons district greatest number votes two houses general joint ballot elect one elector way elect two electors large mass resolves maryland elected general ticket five residents elected general ticker five residents western shore three eastern shore laws md new hampshire act passed november laws providing election five electors majority popular vote case choice legislature appoint many candidates equaled double number electors elected choice appointment made legislature senate agree joint ballot house compelled vote state might lost concur electors chosen senate state new york lost vote similar contest assembly willing elect joint ballot two branches divide electors senate senate assent nothing short complete negative upon action assembly time election passed without appointment north carolina rhode island ratified constitution fifteen participated second presidential election nine electors chosen legislatures maryland laws md laws new hampshire laws pp pennsylvania laws elected electors general ticket virginia districts laws massachusetts general resolution june divided state four districts two five electors elected two three electors mass resolves june apportionment april north carolina entitled ten members house representatives legislature session meet november act congress march electors assemble december legislature passed act dividing state four districts directing members legislature residing district meet november choose three electors ired laws session act passed dividing state districts election electors every four years thereafter id sixteen took part third presidential election tennessee admitted june nine electors appointed legislatures pennsylvania new hampshire popular vote general ticket virginia north carolina maryland elected districts maryland law december entitled act alter mode electing electors provided dividing state ten districts districts appoint one person resident said district elector laws md massachusetts adhered district system electing one elector congressional district majority vote provided one majority legislature make appointment joint ballot legislature also appointed two electors large manner mass resolves june tennessee act passed august provided election three electors district washington one district hamilton one district mero said electors may elected little trouble citizens possible certain persons counties washington sullivan green hawkins named act appointed electors elect elector district washington certain persons counties knox jefferson sevier blount name appointed elect elector district hamilton certain others counties davidson sumner tennessee elect elector district mero laws acts sess assem electors chosen persons thus designated fourth presidential election virginia advice jefferson adopted general ticket least uniform mode choosing president vice president shall prescribed ment constitution laws massachusetts passed resolution providing electors state appointed joint ballot senate house mass resolves june pennsylvania appointed legislature upon contest senate house latter forced yield senate agreeing arrangement resulted dividing vote electors niles reg six however chose electors popular vote rhode island supplying place pennsylvania theretofore followed course tennessee act october designated persons name choose three electors act laws tenn acts sess assem without pursuing subject sufficient observe adopted general ticket system district method obtained kentucky tennessee maryland indiana illinois maine massachusetts used general ticket system mass resolves june chose electors joint ballot legislature mass resolves pp mass resolves used district system mass resolves mass resolves returned general ticket system mass resolves new york electors elected districts district electors choosing electors large rev tit appointment electors legislature instead popular vote made use north carolina vermont new jersey electors chosen popular vote districts general ticket excepting delaware georgia louisiana new york south carolina vermont still chosen legislature electors chosen general ticket excepting south carolina legislature chose including journals senate pp house mode adopted florida laws colorado prescribed section schedule constitution state admitted union august laws pp justice story considering subject commentaries constitution writing nearly years adoption instrument stating legislatures directly chosen electors others chosen people general ticket throughout whole state others people electoral districts fixed legislature certain number electors apportioned district question ever arisen constitutionality either mode except direct choice legislature though often doubted able ingenious minds elliot deb firmly established practice ever since adoption constitution seem admit controversy even suitable tribunal existed adjudicate upon remarks thought desirable many statesmen constitution amended provide uniform mode choice people story const ed amendment urged time adoption twelfth amendument suggestion electors chosen popular vote divided purpose districts brought congress december resolution submitting amendment failed carried amendment renewed house representatives ber provision division single districts choice electors received majority vote two thirds like amendments offered senate sanford new york dickerson new jersey macon north carolina december senator benton introduced amendment providing legislature divide state electoral districts voters district vote proper persons president vice president acted upon december december amendments introduced senate dickerson new jersey van buren new york requiring choice electors districts others failed adoption although favorable action direction senate december amendment introduced house mcduffie south carolina providing electors chosen districts assigned legislatures action taken subject brought forward subsequently need dwelt upon except may added may report made senator morton chairman senate committee privileges elections recommending amendment dividing electoral districts majority popular vote district give candidate one presidential vote also failed obtain action report said appointment electors thus placed absolutely wholly legislatures several may chosen legislature legislature may provide shall elected people state large districts members congress case formerly many doubt competent legislature authorize governor state agent appoint electors power conferred upon legislatures constitution taken modified state constitutions power elect senators whatever provisions may made statute state constitution choose electors people doubt right legislature resume power time neither taken away abdicated senate sess cong review assisted laborious research counsel might greatly expanded seen formation government practical construction clause conceded plenary power state legislatures matter appointment electors even heated controversy electoral vote colorado cast electors chosen legislature passed unchallenged attention drawn previous attempt submit courts determination constitutionality state action short appointment mode appointment electors belong exclusively constitution remarked justice gray green sup officers agents members state legislatures acting electors federal senators people acting electors representatives congress congress empowered determine time choosing electors day give votes required day throughout otherwise power jurisdiction state exclusive exception provisions number electors ineligibility certain persons framed congressional federal influence might excluded question us one policy power public opinion gradually brought matter fact pursuit uniform system popular election general ticket fact tend weaken force contemporaneous previous practice different views expediency prevailed prescription written law overthrown laterally exercised particular way power might exercised way construction referred prevailed long uniform justify us interpreting language constitution conveying meaning heretofore ascribed must treated decisive argued district mode choosing electors obnoxious constitutional objection operation electoral system conformed original object purpose become view practical working system doubtless supposed electors exercise reasonable independence fair judgment selection chief executive experience soon demonstrated whether chosen legislatures popular suffrage general ticket districts chosen simply register appointing power respect particular candidate relation independence electors original expectation may said frustrated miller const law rawle const story const federalist perceive reason holding power confided constitution ceased exist operation system fully realized hopes created still less recognize doctrine constitution found march time sufficiently comprehensive applicable conditions within minds framers arising time may therefore wrenched subjects expressly embraced within amended judicial decision without action designated organs mode alone amendments made able discover conflict act fourteenth fifteenth amendments constitution fourteenth amendment provides persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws representatives shall apportioned among several according respective numbers counting whole number persons state excluding indians taxed right vote election choice electors president vice president representatives congress executive judicial officers state members legislature thereof denied male inhabitants state years age citizens way abridged except participation rebellion crime basis representation therein shall reduced proportion number male citizens shall bear whole number male citizens years age state first section fifteenth amendment reads right citizens vote shall denied abridged state account race color previous condition servitude slaughterhouse cases wall held first clause fourteenth amendment primarily intended confer citizenship negro race secondly give definitions citizenship citizenship recognized distinction citizenship state citizenship definitions privileges immunities citizens embrace generally fundamental civil rights security establishment ized society instituted remain certain exceptions mentioned federal constitution care state governments privileges immunities citizens arise nature essential character national government provisions constitution laws treaties made pursuance thereof latter placed protection congress second clause fourteenth amendment decided minor happersett wall right suffrage necessarily one privileges immunities citizenship adoption fourteenth amendment amendment add privileges immunities simply furnishes additional guaranty protection citizen already time adoption amendment suffrage coextensive citizenship state time adoption constitution neither constitution fourteenth amendment made citizens voters fifteenth amendment exempted citizens discrimination exercise elective franchise account race color previous condition servitude right vote comes right exemption prohibited discrimination comes first granted secured constitution last cruikshank reese id happened time adoption fourteenth amendment exercised elective franchise state michigan entitled vote presidential electors right rendered permanent amendment second clause article amended longer appoint manner legislatures thereof may direct yet result indicated language used amendments necessarily inconsistent clause first section fourteenth amendment refer exercise elective franchise though second provides right vote denied abridged male inhabitant state attained majority citizen basis representation state entitled congress shall proportionately reduced whenever presidential electors appointed popular election right vote denied abridged without invoking penalty right vote representatives congress executive judicial officers state members legislature thereof right vote intended protected refers right vote established laws constitution state color contention amendments every male inhabitant state citizen time majority right vote presidential electors object fourteenth amendment respect citizenship preserve equality rights prevent discrimination citizens radically change whole theory relations state federal governments governments people kemmler sup inhibition state shall deprive person within jurisdiction equal protection laws designed prevent person class persons singled special subject discriminating hostile legislation milling pennsylvania sup hayes missouri sup justice field speaking said fourteenth amendment constitution prohibit legislation limited either objects directed territory within operate merely requires persons subjected legislation shall treated alike like circumstances conditions privileges liabilities imposed said barbier connolly speaking fourteenth amendment legislation discriminating favoring others prohibited legislation carrying public purpose limited application within sphere operation affects alike persons similarly situated within amendment sup rep presidential electors appointed legislatures discrimination made elected districts citizen equal right vote citizen discrimination made unless authority vested legislatures second clause section article divested state lost power appointment except one manner position taken behalf relators untenable apparent neither amendments given effect third clause section article constitution congress may determine time choosing electors day shall give votes day shall throughout act congress march provided electors meet give votes first wednesday december place state directed legislature thereof act congress january electors appointed state tuesday next first monday month november year appointed provided state might law provide filling vacancies college electors college meets give electoral vote provided state shall held election purpose choosing electors failed make choice day prescribed electors may appointed subsequent day manner state may law provide provisions carried forward sections revised statutes rev tit act congress february entitled act fix day meeting electors president vice president provided electors state meet give votes second monday january next following appointment state law question fixes first wednesday december day meeting electors originally designated congress respect conflict act congress must necessarily give way part act inseparably connected substance parts work destruction whole act striking day meeting already otherwise determined act congress act remains complete capable carried accordance legislative intent state law yields extent collision cooley const lim com kimball pick houston moore wheat construction effect state persuasive force controlling weight think result affected provision act relation tie vote constitution state michigan case two persons equal highest number votes office canvassed board state canvassers legislature joint convention chooses one persons fill effice rule recognized act also makes duty governor case convene legislature special session purpose application immediately upon determination board state canvassers entirely agree michigan held matter law legislature provided convened special session provision relating time meeting electors contained act opinion date may rejected act held remain otherwise complete valid state fully empowered fill vacancy may occur electoral college meets give electoral vote find nothing mode provided anticipating exigency operates invalidate law repeat main question arising consideration one power policy unable arive conclusion act legislature michigan may void contravention constitution want power enactment judgment michigan must affirmed footnotes see stanwood presidential elections ed appleton presidential counts passim lalor enc pol science hild hist rev ed hild hist schouler hist schouler hist schouler hist adams hist adams hist adams hist adams hist mcmaster hist peopel mcmaster hist people mcmaster hist people scharf hist md bradf mass life plumer niles reg niles reg niles reg niles reg niles reg benton thirty years view benton cong deb benton cong deb niles reg niles reg annals cong