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25. All orders and resolutions to be presented to the president and approved by him.

26. General powers of congress. Taxation. Loans. Regulation of commerce. Naturalization and bankruptcy. Coining money. Weights and measures. To punish counterfeiting. To establish post-offices. Patents and copyrights. To constitute inferior courts. Piracies and felonies on the high seas. Declare war. Letters of marque and reprisal. To raise and support armies. Navy. Government of land and naval forces. Calling forth militia. Exclusive legis

lation at the seat of government and other government places. To make laws for carrying out vested powers.

27. Slave trade.

28. Habeas corpus not to be suspended.

29. No bill of attainder or ex post facto law to be passed.

30. Direct taxes.

31. No tax or duty to be laid on articles exported

from any state. Port duties.

32. Receipts and expenditures.

33. Titles of nobility not to be granted. Presents

not to be received from foreign states.

34. Limitation of the powers of the states.

35. Imposts. Tonnage duties. Troops and ships of war.


36. Executive power to be vested in a president.

Term of office.

37. Mode of election.

38. Meeting of electors.

39. Time of election.

40. Qualifications of the president.

41. Vacancy.

42. Compensation.

43. Oath of office.

44. Powers and duties of the president. Commander in chief of the army and navy. May require opinion of department officers. Reprieves and pardons.

45. Treaties. Appointing power.

46. Vacancies during recess.

47. Messages to congress. Extraordinary sessions. Disagreement as to adjournment. Shall receive ambassadors and ministers. Faithfully execute the laws. Commission all United States officers. 48. Impeachment.


49. Judicial power of the United States to be vested in a supreme court and inferior courts. Tenure and compensation of the judges.

50. Extent of the judicial power of the United States.

51. Original jurisdiction of the supreme court. Appellate jurisdiction.

52. Trial of crimes to be by jury. Place of trial. 53. Treason defined. Two witnesses necessary. 54. Punishment of treason.

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Art. 1. Sect. 1. Legislative power.

Art. 1. Sect. 2.

House of representatives.

74. Trial by jury guaranteed in civil cases.

75. Bail, fines, punishment.

76. Reserved rights.

77. Powers not delegated, reserved.

78. Limitation of judicial power.

79. Meeting of presidential electors and election of


80. Election of vice-president.

81. Eligibility to vice-presidency.

82. Slavery abolished."

83. Power of congress to enforce. 84. Citizenship defined.

Privileges or immunities of citizens not to be abridged. Due process of law. Equal protection of the laws.

85. Apportionment of representatives.

86. Persons engaged in the rebellion disqualified from holding office. Disability may be removed.

87. Public debt incurred for pensions and bounties in suppressing the rebellion guaranteed. No debt to be assumed incurred in aid of the rebellion or for the loss of slaves.

88. Power of congress to enforce.

89. Elective franchise not to be denied on account of race, color or previous condition of servitude. 90. Power of congress to enforce.

1. WE, THE PEOPLE(a) OF THE UNITED STATES, (b) in order to form a more perfect union, (c) establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, (d) do ordain and establish this Constitution for the United States of America.(e)


2. All legislative powers herein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of representatives.(g) 3. The house of representatives shall be composed of members chosen every second year by the people of the several states; (h) and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

(a) This constitution went into operation on the first Wednesday in March 1789. Owings v. Speed, 5 Wheat. 420.

(b) The constitution was ordained and established, not by the states in their sovereign capacities, but er phatically, as the preamble declares, by "the peop le of the United States." Martin v. Hunter's Lessee, 1 Wheat. 324. Banks v. Greenleaf, 6 Call. 277. It quired not the affirmance, and could not be negatived by the state governments. When adopted, it was of complete obligation, and bound the state sovereignties, McCulloch v. Maryland, 4 Wheat. 404; Chisholm v. Georgia, 2 Dall. 471; Cohens v. Virginia, 6 Wheat. 414; which are not independent states, with respect to the government of the United States; but are dependent and subordinate for all the specific purposes for which it was adopted, The General Parkhill, 19 July 1861, Pamph.; but retain, in severalty, a distinct but qualified sovereignty. Hubbard v. Northern Railroad Co., 3 Bl. C. C. 88. It is not, however, to be inferred from the language of the judges of the supreme court, in these cases, that the preamble to the constitution points to the majority of the whole people of the United States, in their aggregate collective capacity, as the original depositary of this power; the true doctrine would seem to be, that the constitution was adopted by the people of the several states which had been previously confederated under the name of the United States, acting through the delegates by whom they were respectively represented in the convention which formed the constitution. Baldwin's Constitutional Views 29-42. And see Worcester v. Georgia, 6 Pet, 569, where it is said by McLean, J., to have been formed "by a combined power exercised by the people, through their delegates, limited in their sanctions to the respective states." See also 2 Wilson's Works 120. 2 Spr. 602.

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self-government by the states; the constitution looks to an indestructible union, composed of indestructible states. Texas v. White, 7 Wall. 700. The relation of one of the United States to its citizens is not that of an independent sovereign state to its subjects; a sovereign state seeking redress of another sovereign state on behalf of its subjects, can resort to war on refusal, which a state cannot do. New Hampshire v. Louisiana, 108 U. S. 76. The government of the United States, though limited in its powers, is supreme within its sphere of action. McCulloch V. Maryland, 4 Wheat. 405. United States v. Cathcart, 1 Bond 556. Tennessee v. Davis, 100 U. S. 257. Its authority extends over the whole territory of the Union, acting upon the states, and the people of the states. Ibid.

(d) The preamble to the constitution is constantly referred to, by statesmen and jurists, to aid them in the exposition of its provisions. See Chisholm v. Georgia, 2 Dall. 475; Brown v. Maryland, 12 Wheat. 455-6. 1 Story Const. ch. 6.

(e) The United States is a government, and consequently, a body politic and corporate, capable of attaining the objects for which it was created, by the means which are necessary for their attainment. United States v. Maurice, 2 Brock. 109. Respublica v. Sweers, 1 Dall. 44. Through the instrumentality of the proper department to which those powers are confided, it may enter into contracts not prohibited by law, and appropriate to the just exercise of those powers. United States v. Tingey, 5 Pet. 128. United States v. Bradley, 10 Ibid. 343. United States v. Linn, 15 Ibid. 290. As a corporation, it has capacity to sue, by its corporate title. Dixon v. United States, 1 Brock. 177. Dugan v. United States, 3 Wheat. 181. It may compromise a suit, and receive real and other property in discharge of the debt, in trust, and sell the same. United States v. Lane's Administrators, 3 McLean 365. Neilson v. Lagow, 12 How. 107-8.


(g) See 1 Story Const. ch. 7-8.

(h) See Latimer v. Patton, 1 Cong. Elect. Cas.

4. No person shall be a representative who shall not have attained to the age of Art. 1. Sect. 2. twenty-five years, and been seven years a citizen of the United States, (i) and who Qualification of shall not, when elected, be an inhabitant(k) of that state in which he shall be members. chosen.(1)



5. Representatives and direct taxes (m) shall be apportioned among the several states(n) which may be included within this union, according to their respective numbers; which shall be determined by adding to the whole number of free Apportionment of persons, including those bound to service for a term of years, and excluding Indians and direct taxes. not taxed, three-fifths of all other persons.(o) The actual enumeration shall be Census. made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, Number of but each state shall have at least one representative; and until such enumeration representatives. shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.(p)


6. When vacancies happen in the representation from any state, the executive Vacancies. authority thereof shall issue writs of election to fill such vacancies.(g)

7. The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

8. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof for six years; and each senator shall have one



Art. 1. Sect. 3.





9. Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class, at the expiration of the fourth year, and of the third class, at the expiration of the sixth year, so that one-third may be chosen every second year;(r) and if vacancies happen by resignation(s) or otherwise, during the recess of the Vacancies. legislature of any state, the executive thereof may make temporary appointments(t) until the next meeting of the legislature, which shall then fill such vacancies. 10. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, (u) and who shall not Qualifications. when elected, be an inhabitant of that state for which he shall be chosen. 11. The vice-president of the United States shall be president of the senate, (v) President of the but shall have no vote, unless they be equally divided.

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(i) See Ramsey v. Smith, 1 Cong. Elect. Cas. 23. (k) See Key's Case, 1 Cong. Elect. Cas. 224. inhabitant of a state, is one who is bona fide a member of the state, subject to all the requisitions of its laws, and entitled to all the privileges and advantages which they confer." Bailey's Case, 1 Cong. Elect. Cas. 411. A person residing in the District of Columbia, though in the employment of the general government, is not an inhabitant of a state, so as to be eligible to a seat in congress. Ibid. But a citizen of the United States residing as a public minister at a foreign court, does not lose his character of inhabitant of that state of which he is a citizen, so as to be disqualified for election to congress. Ibid. Forsyth's Case, Ibid. 497.

(1) The constitution having fixed the qualifications of members, no additional qualifications can rightfully be required by the states. Barney v. McCreery, 1 Cong. Elect. Cas. 167.

(m) A tax on carriages is not such a direct tax. Hulton v. United States, 3 Dall. 171. Nor is an income tax. Pacific Insurance Co. v. Soule, 7 Wall. 433. Clark v. Sickel, 14 Int. R. Rec. 6; 4 Am. L. Times 141. Nor is a succession tax. Scholey v. Rear, 23 Wall. 331. And see Veazie Bank v. Fenno, 8 Wall. 533. Rawle Const. 80. Direct taxes, within the meaning of the constitution, are only capitation taxes, and taxes on real estate. Springer v. United States, 102 U. S. 586.

(n) This does not exclude the right to impose a direct tax on the District of Columbia, in proportion to the census directed to be taken by the constitution. Loughborough v. Blake, 5 Wheat. 317.

(o) Altered by the 14th amendment.

(p) Under the eleventh census, the states are entitled to the following representation in congress, viz.:

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North Dakota



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The following territories of the United States each send one delegate to congress, viz.: Alaska, Arizona, District of Columbia, New Mexico, Oklahoma and Utah.

(q) The executive of a state may receive the resignation of a member, and issue writs for a new election, without waiting to be informed by the house that a vacancy exists. Mercer's Case, 1 Cong. Elect. Cas. 44. Edwards's Case, Ibid. 92.

(r) The senate is a permanent body; its existence continued and perpetual. Cushing's Law of Legisla

tive Assemblies 19.

(s) The seat of a senator is vacated by a resignation addressed to the executive of the state; and this, notwithstanding he may have received no notice that his resignation has been accepted. Bledsoe's Case, 1 Cong. Elect. Cas. 869.

(t) It is not competent for the executive of a state, during the recess of the legislature, to appoint a senator to fill a vacancy which shall happen, but has not happened, at the time of the appointment. Lanman's Case, 1 Cong. Elect. Cas. 871. And if a vacancy occur, during the recess of the legislature, which subsequently assembles, and adjourns without electing a person to fill the vacancy, it is not competent for the governor to appoint, during the recess following such adjournment. John's Case, Ibid. 874.

(u) See Gallatin's Case, 1 Cong. Elect. Cas. 851. (") See 1 Story Const. § 739.

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