The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 11
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Texas v. White
ferred to in the preamble of the Constitution, it seems but logical
to suppose that those outside the States would have been given a
voice in the establishment and ordination of the new government.
With the Constitution ratified by the States in union, and the
government set in operation under it, it is pertinent to inquire
where the power resides which can legally change the law. The
Constitution ordains that an amendment adopted by a, two-thirds
majority of both houses of Congress and ratified by a three-fourths
majority of the States effects, to that extent, a change in the in-
strument. An alternative process is proposed by which a conven-
tion called by Congress at the request of two-thirds of the States
may submit amendments. These propositions are, in turn,
brought before the States, and, in case they are accepted by three-
fourths of them, the organic law is again altered, modified, or en-
larged. Since the second method has become obsolescent, it may
be said that Congress is endowed with the power of initiation.
In either case, the States have the final and decisive power of de-
termining whether such amendments shall be valid. While each
State acts in a separate, independent manner, the validity of its
ratification or rejection arises from the fact that the State is a
member of the Union. In each case, also, the body which decides
between ratification and rejection is the representative of the po-
litical community which exists within the boundaries of the State.
There is no constitutional requirement which makes the electorate
of one State similar to that of other States, and, as a matter of
fact, they are not alike.
It will be profitable to narrow this investigation for the moment
to a consideration of legal sovereignty,-that is, to the law-making
and law-executing power. In this restricted realm, we find the
representatives in Congrees are elected and controlled,-so far as
there is a control through election,-in accordance with the theory
of the Supreme Court. In the important function of electing
Congressmen, the power of fixing the suffrage qualifications re-
sides in the States. The electoral qualifications in such instances
are those required by the States for participation in the election
of members to the most popular branch of the State legislature.
With such restrictions as the States impose, the Representatives
and Senators are elected by the people of the several States. In
the case of the Representative, the State has the power, and employs
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916, periodical, 1916; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101067/m1/19/: accessed May 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.