Scalia, the Consent of the Governed and Democracy Haikus

C. G. Estabrook galliher at alexia.lis.uiuc.edu
Sun Dec 10 17:39:57 PST 2000


On Sun, 10 Dec 2000, Leo Casey wrote:


> ... What about [Scalia's] comment that there is no right to suffrage
> -- that the right to vote for the President exists merely at the
> sufferance of the state legislature. So much for the "consent of the
> governed." No wonder the conservatives love him...

But that's certainly true, under the present constitution (which perhaps we should call, after the French fashion, that of the Second Republic of the United States). As the recently-much-quoted Article 2, section 1 says, "Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors..." The constitution contains no right for citizens to vote for president.

--C. G. Estabrook



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