PREFACE.

In the preparation of this work the author has endeavored to furnish all the authorities derived from the decisions of the Supreme Court and the various Circuit and District Courts of the United States, as well as of the courts of last resort of the several States, touching the points which have been the subject of controversy since the adoption of the Constitution, and down to the time of publication of this volume. The points decided have been condensed as much as possible, leaving to the reader the opportunity to consult the decisions in which such points have been discussed by references to the authorities consulted. The notes will, it is believed, furnish a full and complete and at the same time a ready index to the points which have been called in question for the last hundred years.

ROBERT DESTY.

SEPTEMBER, 1879.

CONTENTS.

PREAMBLE.

ARTICLE I.

SEC. 1.-Legislative power vested in Congress.

Senate and House of Legislature.

SEC. 2.-1. Representatives, election of.

qualification of electors.

2. Qualifications of members.

3. Apportionment of Representatives.

of direct taxes.

Census to be taken decennially.

Ratio of representation.

4. Vacancies in representation.

Executive to order election to fill.

5. House to choose its own officers.

to have sole power of impeachment.

SEC. 8.-1. Senate, of what composed.

Senators, how and when chosen.

each to have one vote.

2. Senators to be divided into three classes.

first class to vacate in two years.

second class in four years.

third class at end of sixth year.

one-third to be chosen every second year.

vacancies during recess to be temporarily filled.

3. Qualifications for Senator.

thirty years of age.

nine years a citizen.

to be inhabitant of State for which chosen.

4. Vice-President to be President of Senate.

to have no vote except in case of a tie.

5. Senate to choose other officers.

to choose President pro tem. in absence of Vice-

President.

6. Senate to have sole power to try impeachments.

when so sitting, to be on oath or affirmation.

Chief Justice to preside on trial of President.

concurrence of two-thirds necessary for conviction.

7. Judgment on conviction, extent of.

not to operate against trial according to law.

SEC. 4.-1. Time and mode of elections to be fixed by State Legisla-

tures.

Congress may alter State regulations.

except as to the place of elections.

2. Congress to assemble at least once a year.

meeting to be on first Monday of December.

unless otherwise appointed by law.

SEC. 5.-1. Each house to judge the elections, returns, and qualifica

tions of its members.

majority to constitute a business quoruin.

Art. I, Sec. 5.-Continued.

smaller number may adjourn and compei at-
tendance.

penalties may be prescribed for non-attend-

ance.

2. Each house may determine rules of its proceedings.

may punish for disorderly behavior.

with concurrence of two-thirds may expel.

3. Each house shall keep a journal of proceedings.

may publish the same.

yeas and nays to be entered on desire of oue-

fifth.

4. Neither house shall adjourn for more than three days with-

out consent of the other.

nor to any other place than that in which

they are sitting.

SEO. 6.-1. Compensation for services to be fixed by law.

to be paid out of U. S. Treasury.

Members to be privileged from arrest during the session.

except for treason, felony, and breach of peace.

to be privileged in going to and returning

from the sessions.

for speech or debate not to be questioned else-

where.

2. No member to be eligible for a civil office under Govern-

ment created or increased in emoluments

during his term.

no person holding U. S. office to be eligible as

a member.

SEC. 7.-1. Bills for raising revenue to originate in the House, but the

Senate may propose or concur with amendments.

2. Every bill to be presented to the President for his ap-

proval.

if returned, objections to be entered on the

journal.

and to be reconsidered.

on concurrence of two-thirds, the bill to be
sent to other house.

if approved by two-thirds, to become a law.

the vote of both houses to be by yeas and nays.

names of members voting to be entered on

journals.

if bill not returned by President in ten days,
to be a law, unless Congress, by adjournment,
prevent the return.

3. Concurrent resolutions to be presented to the President ex-

cepton question of adjournment.

if disapproved, require two-thirds
to pass them."

SEC. 8.-1. Congress shall have power to lay and collect taxes, duties,

imposts, and excises.

to pay debts and provide for common defense

and general welfare.

all duties. imposts, and excises to be uniform.

to borrow money on credit of U. S.

to regulate commerce

with foreign nations,

among the several States,

and with the Indian tribes.

to establish uniform rule of naturalization, and

uniform laws on subject of bankruptcies.

to coin money and regulate its value, and fix
the standard of weights and measures