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inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

SECTION 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a Member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House remove such disability.

SECTION 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

ARTICLE XV

SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude

SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.

ARTICLE XVI

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

ARTICLE XVII

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

ARTICLE XVIII

SECTION 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation

thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

SECTION 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

SECTION 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

ARTICLE XIX

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

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Regular Army.-During Washington's two terms as President the Regular Army varied in strength from 1,000 to 5,000 men. In 1798, in view of the prospect of a rupture with France, the enlistment of 10,000 men to serve for three years in a provisional army was authorized (1 Stat. 558), which was mustered out in 1800 as soon as the treaty with France was made. In 1811 the authorized force was 35,000. In 1820 a reduction to 6,000 men was voted. In 1838 the force was brought up to 12,500 on account of Indians on the frontier. For the Mexican War a regular force of 31,000 was authorized, but was not recruited to full strength. During the Civil War Congress authorized between 39,000 and 54,000 regulars. After 1866 the Regular Army was limited to 25,000 enlisted men. The act of Apr. 22, 1898 (30 Stat. 361), which provided a force of 61,000 for the Spanish War, also specified a reduction after the conclusion of that war. act of Feb. 2, 1901 (31 Stat. 748), provided for an organization under which the number might be varied at the discretion of the President from 59,000 to 100,000. Increase of strength in five annual increments was provided for by the national defense act of June 3, 1916 (39 Stat. 166), which has been modified by the act of June 4, 1920 (41 Stat. 759).

The

Volunteer Army.-The first Volunteer Army was created during the War of 1812 by special statute, which left the States in control of the recruiting of regiments and appointment of officers. A similar force was authorized during the Mexican War and during the Civil War. The statutes under which these volunteer forces were authorized are so numerous, involving bounties and other inducements, that it is not considered practicable to set them out here. After declaration of war against Spain, under the act of Apr. 22, 1898 (30 Stat. 361), a call was addressed to the governors of the States for 125,000 volunteers, and subsequent acts authorized a volunteer brigade of Engineers and a force of 10,000 men immune to tropical diseases. This force was mustered out in 1899, except for a force to serve six months in the Philippine Islands; and a force of 35,000 to serve not later than July 1, 1901, was authorized by sec. 12, act of Mar. 2, 1899 (30 Stat. 980). The act of Apr. 25, 1914 (38 Stat. 347), provided for raising the volunteer forces of the United States in time of actual or threatened war," the President to determine the number needed and to appoint the officers; sec. 2 of that act is as follows: "That the volunteer forces shall be raised, organized, and maintained, as in

this act provided, only during the existence of war, or while war is imminent, and only after Congress shall have authorized the President to raise such a force: Provided, That the term of enlistment in the volunteer forces shall be the same as that for the Regular Army, exclusive of reserve periods, and all officers and enlisted men composing such Volunteer forces shall be mustered out of the service of the United States as soon as practicable after the President shall have issued a proclamation announcing the termination of the war or the passing of the imminence thereof." While par. 7, sec. 2, of the selective draft act of May 18, 1917 (40 Stat. 77), authorized the raising of four divisions of volunteers, no such forces were actually raised under that provision, and the Slavic Legion, authorized by the act of July 9, 1918 (40 Stat. 868), was the only volunteer force during the World War, all other additional forces being raised by draft. The Volunteer Army is not included in the military forces as defined by sec. 1, act of June 3, 1916 (39 Stat. 166), as amended by sec. 1, act of June 4, 1920 (41 Stat. 759); therefore legislation on this subject has been omitted from this book.

Army of the United States. This term was used in the act of Feb. 2, 1901 (31 Stat. 748), with reference to the Regular Army only. In sec. 2, act of Apr. 22, 1898 (30 Stat. 361), providing "That the organized and active land forces of the United States shall consist of the Army of the United States and of the militia of the several States when called into the service of the United States: Provided, That in time of war the Army shall consist of two branches which shall be designated, respectively, as the Regular Army and the Volunteer Army of the United States." In sec. 1, act of Feb. 2, 1901 (31 Stat. 748), the term was stated to include the components comprised by the Regular Army. Sec. 1, act of Apr. 25, 1914 (38 Stat. 347), declared "That the land forces of the United States shall consist of the Regular Army, the organized land militia while in the service of the United States, and such volunteer forces as Congress may authorize." When the National Defense Act was originally enacted, June 2, 1916, sec. 1 (39 Stat. 166) thereof gave the following definition: "That the Army of the United States shall consist of the Regular Army, the Volunteer Army, the Officers' Reserve Corps, the Enlisted Reserve Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter be authorized by law." For provisions of that act, as amended by the act of June 4, 1920, the present law, see 2, post.

1. Liability to military duty. That all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared their intention to become citizens of the United States under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, are hereby declared to constitute the national forces, and, with such exceptions and under such conditions as may be prescribed by law, shall be liable to perform military duty in the service of the United States. Sec. 1, act of Apr. 22, 1898 (30 Stat. 361); U. S. C. 10: 1.

After the beginning of the World War, by the act of May 18, 1917 (40 Stat. 76), the President was authorized to raise the Regular Army to its maximum strength, and to draft into the military service of the United States any and all members of the National Guard and the National Guard Reserves, and to raise by draft an additional force of 500,000 enlisted men. By the same act he was authorized in his discretion to raise an additional force of 500,000 men and recruit training units for each component of the Army. The act of July 9, 1918 (40 Stat. 894), authorized the President during each fiscal year to raise by draft the maximum number of men which might be trained and used during such year until the conclusion of the war.

As to composition of Army of the United States, see 2, post.

As to composition of the organized peace establishment, see 3, post.
As to composition of the militia of the United States, see 1259, post.

Notes of Decisions

Powers of Congress.-The organization of the Army of the United States is specifically conferred by the Constitution upon Congress. Ex parte Rielly (N. Y. 1867), 2 Abb. Prac. (N. S.) 334.

Powers of States.-The laws and regulations for the efficiency of the United States Army being vested by the Constitution in the General Government, the States can not, either through their legislative or

judicial departments, regulate or circumscribe the powers of the United States in reference thereto. In re Fair (C. C. 1900), 100 Fed. 149.

Persons subject to service.-Every citizen of sufficient age and capacity is under obligation to render military service to the country, when required, and is subject to draft for such service. Lanahan v. Birge (1862), 30 Conn. 438.

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