Page:James Bryce American Commonwealth vol 1.djvu/349

CHAP. XXVIII who would in other States be admitted. For instance, fifteen States now allow aliens (i.e. foreigners not yet naturalized) to vote; and any State which should admit women to vote at its own State elections (as Wyoming now does) would thereby admit them also to vote at congressional elections. The only restriction imposed on State discretion in this respect is that of the fifteenth amendment, which forbids any person to be deprived of suffrage, on "account of race, colour, or previous condition of servitude."

II. The Federal Constitution deprives the States of certain powers they would otherwise enjoy. Some of these, such as that of making treaties, are obviously unpermissible, and such as the State need not regret. Others, however, seriously restrain their daily action. They are liable to be sued in the Federal courts by another State or by a foreign Power. They cannot, except with the consent of Congress, tax exports or imports, or in any case pass a law impairing the obligation of a contract. They must surrender fugitives from the justice of any other State. Whether they have transgressed any of these restrictions is a question for the courts of law, and, if not in the first instance, yet always in the last resort a question for the Federal Supreme court. If it is decided that they have transgressed, their act, be it legislative or executive, is null and void.