The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 12
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The Southwestern, Historical Quarterly
it, of designating the bounds of the district. It is often said that
he is the representative of the people. This maxim must be con-
strued, however, to mean that he represents the political people of
a State; and it is a significant fact that, as no Congressional dis-
trict ever overlaps the boundary of the State, he is strictly a State
representative. There i, to sum up, no necessary similarity in
the modes prescribed for the election, in the machinery employed,
or in the suffrage franchise. These are State matters. It is in-
teresting to note, also, that, in actual law making, the enacting
clause reflects the influence of the theory. The words, with some
slight variations, are: "Be it enacted or resolved by the House of
Representatives of the United States in Congress assembled."
The election of the President and Vice-President is one of the
nicest tests of this theory. These officers are elected by the peo-
ple of the States, despite the fact that the expression of their will
is made indirectly. The Electoral College has become, as is well
known, a registering board; but it is of importance still because of
the constitutional requirement that a majority must be in favor
of one candidate before his election is secured. It is not de-
manded, therefore, of the presidential candidate that he obtain a
popular majority; and, as a matter of fact, it has very often hap-
pened that the successful candidate did not receive such a ma-
jority. The suffrage, again, is controlled by the States. The elec-
tion of President in Massachusetts has no connection, legally and
officially, except in point of time, with that in Texas, Connecticut,
or New York. The cumulative results in all the States form the
election for this office. In case the election is thrown into the
House of Representatives, the action is effected by votes of the
States,-in a united capacity.
To this extent do the facts of the legal organization of the ex-
isting political system substantiate the theory of the court. Under
the opinion in Texas v-. White, governmental authority and power
are divided between the general government on the one hand and
those of the States on the other.12 Thus far the traditional di-
vision of power was followed and endorsed; but sovereignty, in its
political aspects, resides in the States in Union, and is not divided.
= 2E Parte Siebold, 100 U. S.. 371.
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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/m1/20/: accessed October 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.