Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/300

 292 some districts have failed of being represented upon questions vital to their interests. Still, so strong has been the sense of congress of the importance of leaving these matters to state regulation, that no effort has been hitherto made to cure these evils; and public opinion has almost irresistibly settled down in favour of the existing system.

§ 825. Several of the states, at the time of adopting the constitution, proposed amendments on this subject; but none were ever subsequently proposed by congress to the people; so that the public mind ultimately acquiesced in the reasonableness of the existing provision. It is remarkable, however, that none of the amendments proposed in the state conventions purported to take away entirely the superintending power of congress; but only restricted it to cases, where a state neglected, refused, or was disabled to exercise the power of regulating elections.

§ 826. It remains only to notice an exception to the power of congress in this clause. It is, that congress cannot alter, or make regulations, "as to the place of choosing senators." This exception is highly reasonable. The choice is to be made by the state legislature; and it would not be either necessary, or becoming in congress to prescribe the place, where it should sit. This exception was not in the revised draft of the constitution; and was adopted almost at the close of the convention; not, however, without some opposition, for nine states were in its favour, one against it, and one was divided.