4
CHIAFALO v. WASHINGTON
THOMAS, J., concurring in judgment
final language of Article II “seems to have reconciled [the]
contrariety of views by leaving it to the state legislatures”
to set the Manner of elector appointment. Ibid. In context,
it is clear that the Framers understood “Manner” in Article
II, §1, to refer to the mode of appointing electors—consistent with the plain meaning of the term.
This understanding of “Manner” was seemingly shared
by those at the ratifying conventions. For instance, at the
North Carolina ratifying convention, John Steele stated
that “[t]he power over the manner of elections [under Article I, §4] does not include that of saying who shall vote.” 4
Debates on the Constitution 71 (J. Elliot ed. 1863) (emphasis added). Rather “the power over the manner only enables
[States] to determine how these electors shall elect.” Ibid.
(emphasis added and deleted). In short, the historical context and contemporaneous use of the term “Manner” seem
to indicate that the Framers and the ratifying public both
understood the term in accordance with its plain meaning.
Finally, the Court’s interpretation gives the same
term—“Manner”—different meanings in two parallel provisions of the Constitution. Article I, §4, states that “[t]he
Times, Places and Manner of holding Elections for Senators
and Representatives, shall be prescribed in each State by
the Legislature thereof.” In U. S. Term Limits, the Court
concluded that the term “Manner” in Article I includes only
“a grant of authority to issue procedural regulations,” not
“the broad power to set qualifications.” 514 U. S., at 832–
833 (majority opinion); see also id., at 861–864 (THOMAS, J.,
dissenting). Yet, today, the Court appears to take the exact
opposite view. The Court interprets the term “Manner”
in Article II, §1, to include the power to impose conditions
or qualifications on the appointment of electors. Ante,
at 9–10.
With respect, I demur. “When seeking to discern the
meaning of a word in the Constitution, there is no better
dictionary than the rest of the Constitution itself.” Arizona
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