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to be the judge members, in such manner, and under such penalties, as each House of the elections, returns, and may provide. qualifications of Éach House may determine the rules of its proceedings, punish its its members. A members for disorderly behaviour, and, with the concurrence of two majority to form thirds, expel a member.

Rules of pro. Each House shall keep a journal of its proceedings, and from time to ceeding. time publish the same, excepting such parts as may, in their judgment,

Each House to keep a jour. require secrecy; and the yeas and nays of the members of either House nal. Yeas and on any question, shall, at the desire of one fifth of those present, be ennays.

tered on the journal. Adjournments Neither House, during the session of Congress, shall, without the of the Houses of consent of the other, adjourn for more than three days, nor to any Congress.

other place than that in which the two Houses shall be sitting. Compensation $ 6. The Senators and Representatives shall receive a compensation of the Senators for their services, to be ascertained by law, and paid out of the Treatatives.

Privi. sury of the United States. They shall, in all cases, except treason, leged from ar. felony, and breach of the peace, be privileged from arrest during their rest, with excep. attendance at the session of their respective Houses, and in going to, questioned in and returning from, the same; and for any speech or debate in either any other place House, they shall not be questioned in any other place. for any speech

No Senator or Representative shall, during the time for which he was or debate in either House.

elected, be appointed to any civil office under the authority of the UniAppointment ted States, which shall have been created, or the emoluments whereof to office of Sen. shall have been increased during such time; and no person holding any sentatives. No office under the United States, shall be a member of either House dur. person holding ing his continuance in office. any office under

§ 7. All bills for raising revenue shall originate in the House of the U.S. to be a member of either Representatives; but the Senate may propose or concur with amendHouse during ments as on other bills. his continuance

Every bill which shall have passed the House of Representatives and in office.

Bills for rais. the Senate, shall, before it become a law, be presented to the President ing revenue. of the United States; if he approve he shall sign it, but if not he shall

Bills, after hav. return it, with his objections, to that House in which it shall have origigress, to be pre- nated, who shall enter the objections at large on their journal, and prosented to the ceed to reconsider it. If after such reconsideration two thirds of that President. Pron House shall agree to pass the bill, it shall be sent, together with the

when the President objections, to the other House, by which it shall likewise be reconsidered, disapproveo. and if approved by two thirds of that House, it shall become a law.

But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days, (Sundays excepted,) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a

law. Every order, Every order, resolution, or vote, to which the concurrence of the resolution, or Senate and House of Representatives may be necessary, (except on a Houses (except question of adjournment,) shall be presented to the President of the on a question United States; and before the same shall take effeet, shall be approved of adjournment) by him, or being disapproved by him, shall be re-passed by two thirds to be presented of the Senate and House of Representatives, according to the rules and to the President of the U.S. limitations prescribed in the case of a bill. Powers of

$ 8. The Congress shall have power(a) Congress.

(a) Congress must possess the choice of means, and must be empowered to use any means, which are in fact conducive to the exercise of a power granted by the Constitution. United States v. Fisher, et al.; Assignces of Blight, 2 Cranch's Rep. 368; 1 Cond. Rep. 421.

To lay and collect taxes, duties, imposts and excises,(a) to pay the To lay taxes,

and provide debts, and provide for the common defence and general welfare of the

for the common United States; but all duties, imposts, and excises shall be uniform defence

and throughout the United States (6)

welfare. Duties

to be uniform. To borrow money on the credit of the United States :

To borrow To regulate commerce with foreign nations, and

the several

money. States, and with the Indian tribes :(c)

To regulate To establish an uniform rule of naturalization,(d) and uniform laws

Naturalization. on the subject of bankruptcies throughout the United States :(e) Bankruptcies.


The powers granted to Congress are not exclusive of similar powers existing in the States, unless where the Constitution has expressly, in terms, given an exclusive power to Congress; or the exercise of a like power is prohibited to the States; or there is a direct repugnancy, or incompatibility in the exer. cise of it by the States. The example of the first class is to be found in the exclusive legislation dele. gated to Congress over places purchased by the consent of the legislature of the State in which the same shall be located for forts, arsenals, dock-yards, &c.; of the second class, of the prohibition of a State to coin money, or emit bills of credit; of the third class, the power to establish a uniform rule of naturali. zation, and the delegation of admiralty and maritime jurisdiction. In all other cases the States retain concurrent authority with Congress. Houston v. Moore, 5 Wheat. 1; 4 Cond. Rep. 589.

An act of Congress repugnant to the Constitution cannot become the law of the land. Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep. 267.

The mere grant of power to Congress does not imply a prohibition on the States' to exercise the same power. Whenever the terms in which such a power is granted to Congress require that it should be exercised exclusively by Congress, the subject is as completely taken from the State legislatures, as if they had been expressly forbidden to act upon it. Sturges 6. Crowninshield, 4 Wheat. 122: 4 Cond. Rep. 409.

(a) The power of Congress to levy and collect taxes, duties, imposts, and excises, is co-extensive with the territory of the United States. Loughborough v. Blake, 5 Wheat. 317; 4 Cond. Rep. 660.

The power of Congress to exercise exclusive legislation, in all cases whatever, within the District of Columbia, includes the power of taxing it. Ibid.

The authority of Congress to lay and collect taxes, does not interfere with the power of the States to tax for the support of their own governments; nor is the exercise of that power by the States, an exer. cise of any portion of the power that is granted to the United States. Gibbons v. Ogden, 9 Wheat. 1; 5 Cond. Rep. 562.

(6) The constitutional provision that direct taxes shall be apportioned among the several States, ac. cording to their respective numbers, to be ascertained by a census, was not intended to restrict the power of imposing direct taxes to States only. Loughborough o. Blake, 5 Wheat. 317; 4 Cond. Rep. 660.

(c) An act of Congress, laying an embargo for an indefinite period of time, is constitutional and valid. The United States v. The William, 2 Hall's Am. Law Jour. 255.

The power of regulating commerce extends to the regulation of navigation. Gibbons v. Ogden, 9 Wheat. 1; 5 Cond. Rep. 562.

The power to regulate commerce extends to every species of commercial intercourse between the United States and foreign nations, and among the several States. It does not stop at the external boun. dary of a State ; but it does not extend to a commerce which is completely internal. Ibid.

The power to regulate commerce is general, and has no limitations but such as are prescribed by the Constitution itself. This power, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State. Ibid.

The power of regulating commerce extends to navigation carried on by vessels employed in transporting passengers. Ibid.

All those powers which relate to merely municipal legislation, or which may be properly called inter. nal police, are not surrendered (by the States) or restrained, and consequently in relation to those the authority of a State is complete, unqualified, and exclusive.' The City of N. York v. Miln, 11 Peters, 102.

The act of the legislature of New York passed February 1824, entitled, “ An Act concerning passengers in vessels arriving in the port of New York,” is not a regulation of commerce, but of police; and being 80, it was passed in the exercise of a power which belonged to that State. Ibid.

The power to regulate commerce, includes the power to regulate navigation, as connected with the commerce with foreign nations and among the States. It does not stop at the mere boundary line of a State, nor is it confined to acts done on the waters, or in the necessary course of the navigation thereof. It extends to such acts done on the land, which interfere with, obstruct, or prevent the due exercise of the powers to regulate commerce and 'navigation with foreign nations, and among the States. Any offence which thus interferes with, obstructs, or prevents such commerce and navigation, though done on land, may be punished by Congress, under its general authority to make all laws necessary and proper to execute their delegated constitutional powers. The United States v. Lawrence Coombs, 12 Peters, 72,

Persons are not the subjects of commerce, and not being imported goods, they do not fall within the meaning founded upon the Constitution, of a power given to Congress, to regulate commerce, and the prohibition of the States for imposing a duty on imported goods. Ibid.; Gibbons v. Ogden, 9 Wheat. 1; 5 Cond. Rep. 562.

(d) Under the Constitution of the United States, the power of naturalization is exclusively in Con. gress. Chirac v. Chirac, 2 Wheat. 259; 4 Cond. Rep. 111; Houston o. Moore, 5 Wheat. 1; 4 Cond. Rep. 589. C) The powers of Congress to establish uniform laws on the subject of bankruptcy throughout the




To coin mo To coin money, regulate the value thereof, and of foreign coin, and ney. To fix the fix the standard of weights and measures : standard of weights and To provide for the punishment of counterfeiting the securities and measures. current coin of the United States :

To punish To establish post-offices and post-roads : counterfeiters. Post-offices. To promote the progress of science and useful arts, by securing, for

To promote limited times, to authors and inventors, the exclusive right to their rethe progress of science and

spective writings and discoveries : useful arts.

To constitute tribunals inferior to the Supreme Court: Inferior tribu. To define and punish piracies and felonies committed on the high nals. Piracies on

seas, and offences against the law of nations :(a) the high seas.

To declare war, grant letters of marque and reprisal, and make rules To declare

concerning captures on land and water: To raise ar.

To raise and support armies : but no appropriation of money to that mies.

use shall be for a longer term than two years: Navy, &c. To provide and maintain a navy: Government of To make rules for the government and regulation of the land and nathe army and val forces: Militia.

To provide for calling forth the militia to execute the laws of the

Union, suppress insurrections and repel invasions : For the orga.

To provide for organizing, arming, and disciplining the militia, and nization, &c. of for governing such part of them as may be employed in the service of the militia.

the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the

discipline prescribed by Congress (6) Exclusive Legislation over

To exercise exclusive legislation, 'in all cases whatsoever, over such seat of govern. district (not exceeding ten miles square) as may by cession of particuof the U.S. lar States, and the acceptance of Congress, become the seat of the govern

Exclusive au. thority over pla. ment of the United States, and to exercise like authority over all places ces purchased purchased by the consent of the legislature of the State in which the with the con. same shall be, for the erection of forts, magazines, arsenals, dock-yards, sent of States.

To make laws and other needful buildings. And, for carrying in

To make all laws which shall be necessary and proper for carrying to execution all into execution the foregoing powers, and all other powers vested by this powers vested

Constitution in the government of the United States, or in any depart. in government of U. S. ment or officer thereof.(c)

Migration or § 9. The migration or importation of such persons as any of the importation of

States now existing shall think proper to admit, shall not be prohibited persons.

by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding The privilege of the writ of habeas corpus shall not be suspended, Writ of Ha. unless when in cases of rebellion or invasion the public safety may re

ten dollars for each person. United States, does not exclude the right of the States to legislate on the same subject, except when the power is actually exercised by Congress, and the State laws conflict with those of Congress. Ogden v. Saunders, 12 Wheat. 213; 6 Cond. Rep. 523; Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409.

Since the adoption of the Constitution of the United States, a state has authority to pass a Bankrupt law, provided such law does not impair the obligation of contracts; and provided there he no act of Con. gress in force to establish a uniform system of bankruptcy, conflicting with such law. Sturges v. Crowninshield, 4 Wheat. 122 ; 4 Cond. Rep. 409.

(a) The act of the 3d March, 1819, chap. 76, sec. 5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to define and punish that crime. United States v. Smith, 5 Wheat. 153; 4 Cond. Rep. 619. See also United States v. Palmer, 3 Wheat. 610; 4 Cond. Rep. 352.

(6) The act of Congress of Feb. 28, 1795, to provide for the calling out the militia to execute the laws of the Union, suppress insurrections, and repel invasions, is within the constitutional powers of Congress. Martin v. Mott, 12 Wheat. 19; 6 Cond. Rep. 410.

(c) Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the Constitution. United States v. Fisher et al., 2 Cranch, 358; 1 Cond. Rep. 421. Van Horne's Lessee v. Dorrance, 2 Dall. 304; Marbury v. Madison, 1 Cranch, 137 ; 1 Cond. Rep. 267, 268. The United States v. Bevans, 3 Wheat. 336 ; 4 Cond. Rep. 275. McCulloch v. Maryland, 4 Wheat. 316; 4 Cond. Rep. 466. United States v. Tingey, 5 Peters, 115. An. derson v. Dunn, 6 Wheat. 204, Dugan v. The United States, 3 Wheat, 172; 4 Cond. Rep. 223. The Exchange, 7 Cranch, 116 ; 2 Cond. Rep. 439. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. Harrison v. Sterry, 5 Cranch, 289; 2 Cond. Rep. 260. Postmaster General v. Early, 12 Wheat. 136; 6 Cond. Rep. 480.

beas Corpus. quire it.(a)

Bills of attain No bill of attainder or er post facto law shall be passed.(6)

der, or ex post

facto laws. No capitation, or other direct tax, shall be laid, unless in proportion Capitation or to the census or enumeration herein before directed to be taken. other direct tax.

No tax or du. No tax or duty shall be laid on articles exported from any State. No

ty on articles preference shall be given by any regulation of commerce or revenue to exported from the ports of one State over those of another; nor shall vessels bound to, any State. or from, one State be obliged to enter, clear, or pay duties in another.

No preference

to ports of one No money shall be drawn from the treasury, but in consequence of State over anoappropriations made by law; and a regular statement and account of the ther. receipts and expenditures of all public money shall be published from drawn from the time to time.

treasury but by No title of nobility shall be granted by the United States; and no law. Receipts

and expendiperson holding any office of profit or trust under them, shall, without

tures published, the consent of the Congress, accept of any present, emolument, office, or No title of title of any kind whatever, from any king, prince, or foreign state.

nobility to be 10. Ño State shall enter into any treaty, alliance, or confedera- granted. tion; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts ;(c) pass any bill of attainder, er post facto law, or law impairing the obligation of contracts, or grant any title of nobility.(d)

No State shall, without the consent of the Congress, lay any imposts Limitation of or duties on imports or exports, except what may be absolutely neces- the powers of

the States, sary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.(e) No State shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless

Executive actually invaded, or in such imminent danger as will not admit of delay.

power vested in Art. II. § 1. The executive power shall be vested in a President of a President of the United States of America. He shall hold his office during the term the U. S. Duraof four years, and together with the Vice President, chosen for the tion of office. same term, be elected as follows:

(a) Er parte Burford, 3 Cranch, 448. Er parte Bollman, 4 Cranch, 75; 2 Cond. Rep. 33. Er parte Kearney, 7 Wheat. 38 ; 5 Cond. Rep. 225. Er parte Tobias Watkins, 3 Peters, 193. Et parte Milburn, 9 Peters, 704. Martin v. Mott, 12 Wheat, 19; 6 Cond. Rep. 410.

(b) The prohibition of the Federal Constitution of ex post facto laws extends to penal statutes only; and dous not extend to cases affecting only the civil rights of individuals. Calder et al. v. Bull, 3 Dall. 386; 1 Cond. Rep. 172. Fletcher v. Peck, 6 Cranch, 87; 2 Cond Rep. 308. Ogden v. Saunders, 12 Wheat. 213; 6 Cond. Rep. 523.

(c) Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Peters, 257. Craig v. The State of Missouri, 4 Peters, 431. Sturges v. Crowninshield, 4 Wheat. 122 ; 4 Cond. Rep. 409. Ogden v. Saun. ders, 12 Wheat. 213; 6 Cond. Rep. 523. Cooper v. Telfair, 4 Dall. 14; 1 Cond. Rep. 211.

(d) If any act of the legislature is repugnant to the Constitution, it is, ipso facto, void ; and it is the duty of the court so to declare it. Vanborne's Lessee v. Dorrance, 2 Dall. 304.

The Constitution fixes the limits to the exercise of legislative authority, and prescribes the orbit in which it must move. Whatever may be the case in other countries, yet here there can be no doubt that any act of the Legislature repugnant to the Constitution is absolutely void. Ibid. Fletcher v. Peck, 6 Cranch, 87; 2 Cond. Rep. 308.

The legislature of a state can pass no ex post facto law. An ex post facto law is one which renders an act punishable, which was not punishable when it was committed. Ibid. Houston v. Moore, 5 Wheat, 1 ; 4 Cond. Rep. 589.

The invalidity of a state law, as impairing the obligation of contracts, does not depend on the extent of the change which the law effects in the contract. Green v. Biddle, 8 Wheat. 1 ; 5 Cond. Rep. 369. Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Peters, 257. New Jersey v. Wilson, 7 Cranch, 164; 2 Cond. Rep. 457. Terrett v. Taylor, 9 Cranch, 43; 3 Cond. Rep. 254. Trustees of Dart. mouth College v. Woodward, 4 Wheat, 518; 4 Cond. Rep. 526. The Proprietors of the Charles River Bridge v. The Proprietors of the Warren Bridge, 11 Peters, 420. Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409. Hawkins v. Barney's Lessee, 5 Peters, 456. Mason v. Haile, 12 Wheat, 370; 6 Cond. Rep. 535. Farmers' and Mechanics Bank v. Smith, 6 Wheat. 131; 5 Cond. Rep. 35. Satterlee v. Matthewson, 2 Peters, 380. Wilkinson v. Leland, 2 Peters, 627.

(e) Brown v. The state of Maryland, 12 Wheat. 419; 6 Cond. Rep. 554.

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Manner of electing Pre

Each State shall appoint, in such manner as the legislature thereo sident and Vice may direct, a number of electors equal to the whole number of Senators President. and Representatives to which the State may be entitled in the Congress;

but no Senator or Representative, or person holding an office of trust
or profit under the United States, shall be appointed an elector.

The electors shall meet in their respective States, and vote by ballot
for two persons, of whom one at least shall not be an inhabitant of the
same State with themselves. And they shall make a list of all the per-
sons voted for, and of the number of votes for each; which list they
shall sign and certify, and transmit sealed to the seat of the government
of the United States, directed to the President of the Senate. The
President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates, and the votes shall then be
counted. The person having the greatest number of votes shall be the
President, if such number be a majority of the whole number of elec-
tors appointed; and if there be more than one who have such majority,
and have an equal number of votes, then the House of Representatives
shall immediately choose by ballot one of them for President; and if no
person have a majority, then from the five highest on the list the said
House shall in like manner choose the President. But in choosing the
President, the votes shall be taken by States, the representation from
each State having one vote; a quorum for this purpose shall consist of
a member or members from two thirds of the States, and a majority of
all the States shall be necessary to a choice. In every case, after the
choice of the President, the person having the greatest number of votes
of the electors shall be the Vice President. But if there should remain
two or more who have equal votes, the Senate shall choose from them

by ballot the Vice President.(a) Electors of The Congress may determine the time of choosing the electors, and President and

the day on which they shall give their votes; which day shall be the Vice President.

same throughout the United States. Qualifications No person except a natural born citizen, or a citizen of the United of the Presi

States, at the time of the adoption of this Constitution, shall be eligible dent,

to the office of President; peither shall any person be eligible to that
office who shall not have attained to the age of thirty-five years, and

been fourteen years a resident within the United States.
Vacancy in In case of the removal of the President from office, or of his death,
President. How resignation, or inability to discharge the powers and duties of the said

office, the same shall devolve on the Vice President, and the Congress
may by law provide for the case of removal, death, resignation, or ina-
bility, both of the President and Vice President, declaring what officer
shall then act as President, and such officer shall act accordingly until

the disability be removed, or a President shall be elected.
Compensation The President shall at stated times, receive for his services, a com-
for the services pensation, which shall neither be increased nor diminished during the

period for which he shall have been elected, and he shall not receive
within that period any other emolument from the United States or any
of them.

Before he enter on the execution of his office, he shall take the fol

lowing oath or affirmation : Oath of office “I do solemnly swear, (or affirm,) that I will faithfully execute the of the Presi.

office of President of the United States, and will, to the best of my dent.

ability, preserve, protect, and defend the Constitution of the United

§ 2. The President shall be commander-in-chief of the army and

(a) By an amendment to the Constitution, a substitute for this paragraph was adopted. Amendment, Art. 12, 1. This amendment was proposed in October 1803, and was ratified before September 1804. See the amendment, post, p. 22,

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