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McPherson v. Blacker

Facts of the Case

Provided by Justia

William McPherson, Jr., Jay A. Hubbell, J. Henry Carstens, Charles E. Hiscock, Otto Ihling, Philip T. Colgrove, Conrad G. Swensburg, Henry A. Haigh, James H. White, Fred. Slocum, Justus S. Stearns, John Millen, Julius T. Hannah, and J. H. Comstock filed their petition and affidavits in the Supreme Court of the State of Michigan on May 2, 1892, as nominees for presidential electors, against Robert R. Blacker, Secretary of State of Michigan, praying that the court declare the Act of the legislature approved May 1, 1891, Act No. 50, Public Acts of Michigan of 1891, entitled "An act to provide for the election of electors of President and Vice-President of the United States, and to repeal all other acts and parts of acts in conflict herewith," void and of no effect, and that a writ of mandamus be directed to be issued to the said Secretary of State commanding him to cause to be delivered to the sheriff of each county in the state, between the first of July and the first of September, 1892, "a notice in writing that at the next general election in this state, to be held on Tuesday, the 8th day of November, 1892, there will be chosen (among other officers to be named in said notice) as many electors of President and Vice-President of the United States as this state may be entitled to elect senators and representatives in the Congress."

Conclusions

  1. The validity of a state law providing for the appointment of electors of President and Vice President having been drawn in question before the highest tribunal of a state as repugnant to the laws and Constitution of the United States, and that court having decided in favor of its validity, this Court has jurisdiction to review the judgment under Rev.Stat. § 709. Under the second clause of Article II of the Constitution, the legislatures of the several states have exclusive power to direct the manner in which the electors of President and Vice President shall be appointed.

    Such appointment may be made by the legislatures directly, or by popular vote in districts, or by general ticket, as may be provided by the legislature.

    If the terms of the clause left the question of power in doubt, contemporaneous and continuous subsequent practical construction has determined the question as above stated.

    The second clause of Article II of the Constitution was not amended by the Fourteenth and Fifteenth Amendments, and they do not limit the power of appointment to the particular manner pursued at the time of the adoption of these amendments or secure to every male inhabitant of a state, being a citizen of the United States, the right from the time of his majority to vote for presidential electors.

    A state law fixing a date for the meeting of electors differing from that prescribed by the act of Congress is not thereby wholly invalidated, but the date may be rejected and the law stand.