Electors

[Fisch, William B.]

I am confused, no doubt due to inadequate research, by Mark Scarberry's
reference to the 17th Amendment as having been discussed in Blacker.  Of
course that is not and cannot be the case, since the 17th Amendment was not
adopted until 1913, more than 20 years after Blacker was handed down.  There
is a reference to the "members of the state legislatures when acting as
electors of federal senators", quoted from Justice Gray's opinion in Green,
in a paragraph of the Blacker opinion which makes only the point that under
the *U.S.* constitution, the appointment and mode of appointment of electors
belongs exclusively to the states, and that the provisions are framed in
such a way as to exclude *congressional and federal influence*.  146 us
10-11.  Is this too small a point on which to ask for clarification?
Bill Fisch
William B. Fisch
Professor of Law
School of Law
University of Missouri-Columbia
Columbia, MO 65211-4300
tel.: 573-882-7810
FAX: 573-882-4984
e-mail: fischw at missouri.edu