Suppose the year is 1875, and you are a member of the United States Supreme Court. Further suppose that you’ve been asked, along with the other members of the Court, to decide the case Minor v. Happersett (1875). Recall that in this case, Chief Justice Waite writes an opinion for the Court (speaking for the majority of justices) indicating one view of what the Constitution requires (or does not require) where the relationship between citizenship, on one hand, and voting rights, on the other hand is concerned.
Now, then, write a 3-4 page response to Chief Justice Waite’s opinion. Be sure to indicate some awareness of the basis for Chief Justice Waite’s opinion in the case. Do you agree with Chief Justice Waite and the majority? If so, why? Do you disagree with the Chief Justice and the majority? If so, why? When answering please articulate a clear vision of – what you regard as – the relationship between citizenship and voting rights and the power of state governments to, independent of the authority of the federal government, determine the breadth of voting rights.
When constricting your answer, you may find it useful to review the language of the 14th Amendment, section 1 of which reads:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they reside. No state shall make or enforce any law which
shall abridge the privileges or immunities of the citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the law.
When writing your essay, be sure to do the following: (1) declare in your first paragraph your overall claim/position on the issue raised in the case; (2) draft your subsequent paragraphs to educate the reader about Justice Waite’s opinion and, then, explain and defend your own position on the issue in the case. Finally, make sure that your final/concluding paragraph summarizes the issue in the case and provides the reader with an overview of the claim/position you identified in the first paragraph. Proofread, edit, and revise for the purposes of impeccable grammar and syntax. When citing to Justice Waite’s opinion, or to any other source, use footnotes and follow a standard approach to citation (such as MLA, APA, Turabian, or the Chicago Manual of Style)
