An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting by Anonymous
page 117 of 270 (43%)
page 117 of 270 (43%)
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Section five enacts, "_The Congress shall have power to enforce by appropriate legislation, the provisions of this Article._" The fifteenth article of Amendment to the Constitution ordains in its first section, that "That the right of citizens of the United States to vote, shall not be denied or abridged by the United States or by any State, on account of race, color or previous condition of servitude." Section two enacts, that "_The Congress shall have power to enforce this Article by appropriate legislation._" These are the provisions of the Constitution relied on to support the legislation of Congress now before this Court. Some features of that legislation may be constitutional and valid. Whether this be so or not, it is not necessary now to determine. The question here is, has Congress, by either of these amendments, been clothed with the power, to pass laws to punish inspectors of elections in this State for receiving the votes of women? The thirteenth amendment simply abolishes slavery, and authorizes such legislation as shall be necessary to make that enactment effectual. The power in question is not found there. The fourteenth amendment defines who are citizens of the United States, and prohibits the States from making or enforcing "_any law which shall abridge the privileges or immunities_" of such citizens. Either the right to vote is one of the "_privileges or immunities_" of |
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