Rhode Island Education Circulars Constitution of the United States of America as Amended to 1925 with an Outline of the Constitution By CHARLES CARROLL, LL. B., A. M., Ph. D. STATE OF RHODE ISLAND PUBLIC EDUCATION SERVICE 1925 Rtjaite Sfilatti fitaratiati QJirrulars Constitution of the United States of America Amended to 1925 with an Outline of rhe Constitution By CHARLES CARROLL, LL. B., A. M v Ph. D. Professor of Law and Government and Rhode Island Education Rhode Island College of Education • Professor of School Law and Administration Rhode Island State College Published for Use in the Public Schools of Rhode Island By the Commissioner of Education and the State Board of Education 1925 CHAPTER 70, GENERAL LAWS, 1924. Sec. 30. The principles of popular and representative government as enun- ciated in the constitution of Rhode Island and the constitution of the United States shall be taught in all public schools of this state. In every class of the seventh or eighth year in elementary schools instruction shall be given in the history and government of Rhode Island, and in every high school thorough instruction shall be given in the constitution and government of Rhode Island and in the constitution and government of the United States. No private school or private instruction shall be approved for the purposes of chapter 65 of the general laws unless the course of study therein shall make provision for instruc- tion substantially equivalent to that required by this chapter for public schools* CONSTITUTION OF THE UNITED STATES OF AMERICA AS AMENDED WE, the people of the United States, in order to form a more perfect union T 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, do ordain and establish this Constitution for the United States of America. ARTICLE I. Section 1. AH legislative powers herein granted shall be vested in a con- gress of the United States, which shall consist of a senate and house of repre- sentatives. Sec. 2. The house of representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. No person shall be a representative who shall not have attained to the age of twenty-five years and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Representatives and direct taxes 1 shall be apportioned among the several states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of (free) 2 persons, including those bound to service for a term of years, and excluding Indians not taxed, (three fifths of all other persons). 2 The actual enumeration shall be 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, but each state shall have at least one representa- tive; and until such enumeration shall be made, the state of New Hampshire shall be entitled to chuse three ; Massachusetts, eight ; Rhode Island and Provi- dence Plantations, one; Connecticut, five; New York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Caro- lina, five; South Carolina, five; and Georgia, three. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The house of representatives shall chuse their speaker and other officers, and shall have the sole power of impeachment. Sec. 3. The senate of the United States shall be composed of two senators from each state, chosen by the people thereof, for six years; and each senator x See Amendment XVI., which permits the laying of taxes on incomes without apportion- ment. 2 See Amendment XIII. and XIV., which prohibit slavery and define the count for represen- tation. Words in parenthesis are obsolete. 3 shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.^ 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. 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 appointment until the people fill the vacan- cies by election as the legislature may directs No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The vice-president of the United States shall be president of the senate, but shall have no vote, unless they be equally divided. The senate shall chuse their other officers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of presi- dent of the United States. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honour, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment accord- ing to law. Sec. 4. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof ; but the congress may at any time by law make or alter such regulations, except as to the places of causing senators. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Sec. 5. Each house shall be the judge of the elections, returns and qualifica- tions of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner, and under such penalties, as each house may provide. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. 3 The text in Italic type incorporates the 17th amendment as part of the Constitution. 4 Neither house, during the session of congress, shall, without the consent of* the other, adjourn for" more than three days, nor to any other place than that in which the two houses shall be sitting. Sec. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office. Sec. 7. All bills for raising revenue shall originate in the house of represen- tatives; but the senate may propose or concur with amendments as on other bills. Every bill which shall have passed the house of representatives and the senate shall, before it become a law, be presented to the president of the United States; if he approve, he shall sign it, but if not, he shall return it with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, 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 deter- mined 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 man- ner 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, resolution, or vote, to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjourn- ment) shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. Sec. 8. The congress shall have power: To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States ; but . all duties, imposts and excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To regulate commerce with foreign nations and among the several states,, and with the Indian tribes; To establish an uniform rule of naturalization, and uniform laws on the- subject of bankruptcies throughout the United States; 5 To coin money, regulate the value thereof and of foreign coin, and fix the -standards of weights and measures; To provide for the punishment of counterfeiting the securities and current coin of the United States ; To establish post-offices and post roads; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the supreme court; To define and punish piracies and felonies committed on the high seas, and offences against the law of nations ; To declare war, grant letters of marque and reprisal, and make rules concern- ing captures on land and water ; To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the government and regulation of the land and naval forces ; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of 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 ; To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places, purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings; And to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers Vested by this constitution in the government of the United States, or in any department or officer thereof. Sec. 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the con- gress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of Habeas Corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. Xo bill of attainder, or ex post facto law, shall be passed. Xo capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.* No tax or duty shall be laid on articles exported from any state. No prefer- ence shall be given by any regulation of commerce or revenue, to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. 1 Amendment XVI permits levy of taxes on incomes without apportionment. 6 No money shall be drawn from the treasury, but in consequence of appropria- tions made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, office, or title of any kind what- ever, from any king, prince, or foreign state. Sec. 10. No state shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary 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 controul of the congress. No state shall, without 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 actually invaded or in such imminent danger as will not admit of delay. ARTICLE H. Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years; and together with the vice-president chosen for the same term, be- elected as follows: — Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and repre- sentatives 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 president and vice-president, one of whom at least shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice- president; and they shall make distinct lists of all persons voted for as presi- dent and of all persons voted for as vice-president, and of the number of votes- for each, which lists 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 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 for president shall be the president, if such number be a majority of the whole number of electors ap- pointed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as presi- dent, the house of representatives shall choose immediately, by ballot, the presi- dent; but in choosing the president, the votes shall be taken by states, the' 7 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; and if the house of representa- tives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice- president shall act as president, as in the case of the death, or other constitu- tional disability of the president. The person having the greatest number of votes as vice-president shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then, from the two highest num- bers on the list, the senate shall choose the vice-president ; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.* The congress may determine the time of chusing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years .a resident within the United- States. In case of the removal of the president from office, or of his death, resigna- tion, 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 inability, 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. The president shall, at stated times, receive for his services a compensation, which shall neither be encreased 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 following oath or affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will to the best of my ability preserve, protect and defend the constitution of the United States. " Sec. 2. The president shall be commander in chief of the army and navy of the United States, and of the militia of the several states when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. ^The text in Italic type is Article XII of amendments, which replaced the original paragraphs prescribing the method of electing the president and vice-president. 8 He shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the congress may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of depart- ments. The president shall have power to fill up all vacancies that may happen dur- ing the recess of the senate, by granting commissions which shall expire at the end of their next session. Sec. 3. He shall, from time to time, give to the congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, con- vene both houses or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed; and shall commission all the officers of the United States. Sec. 4. The president, vice-president and all civil officers of the United States shall be removed from office on impeachment for, and conviction of,, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. Section 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. Sec. 2. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting am- bassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and citizens of another state, 1 - between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been x But see Article VI of Amendments, which prohibits uirisdiction of suits a«ain«t states^ by citizens of another state or by citizens or subjects of a foreign state. 9 -committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed. Sec. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. The congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. Section 1. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And the congress may by general laws prescribe the manner in which such acts, records and pro- ceedings shall be proved, and the effect thereof. Sec. 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. A person charged in any state with treason, felony or other crime, who shall flee from justice and be found in another state, shall, on demand of the execu- tive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. No person held to service or labour in one state, under the laws thereof, •escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such, service or labour may be due. Sec. 3. New states may be admitted by the congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the congress. The congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. Sec. 4. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against inva- sion ; and, on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence. ARTICLE V. The congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two thirds of the several states shall call a convention for pro- posing amendments, which, in either case, shall be valid to all intents and pur- poses, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the congress; Pro- vided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses 10 in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI. All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States, under this con- stitution, as under the confederation. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby; anything in the constitution or laws of any state to the contrary notwithstanding. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same. AMENDMENTS TO THE CONSTITUTION ARTICLE I. Congress shall make no law respecting an establishment of religion, or pro- hibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances. ARTICLE II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirma- tion, and particularly describing the place to be searched and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject for the same offence 11 ~to be twice put m jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself ; nor be deprived of life, liberty or property, without due process of law, nor shall private property be taken for public use without just compensation. ARTICLE VI. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty -dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the constitution of certain rights, shall not be construed -to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the constitution, nor pro- hibited by it to the states, are reserved to the states, respectively, or to the people. ARTICLE XI. The judicial power of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. ARTICLE XII. [The text of Article XII has been incorporated in Article 1 Section 2 of the Constitution.] ARTICLE XIII. Section 1. Neither slavery nor involuntary servitude, except as a punish- ment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction. Sec. 2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIV. Section 1. All persons born or naturalized in the United States, and sub- ject to the jurisdiction thereof, are citizens of the United States and of the •state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall 12 any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for president and vice-president of the United States, representatives in congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabi- tants 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. Sec. 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 sup- port 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. Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for serv- ices in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obliga- tion 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, obliga- tions and claims shall be held illegal and void. Sec. 5. The congress shall have power to enforce, by appropriate legisla- tion, 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. Sec. 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 what- ever source derived, without apportionment among the several states, and without regard to any census or enumeration. ARTICLE XVII. [The text of Article XVII, election of United States senators by vote of the people, has been incorporated as Section 3 of Article I, and in place of so much of paragraph 2 of Section 3 as it replaces.] 13 AETICLE XVIII. Section 1. After one year from the ratification of this article the manu- facture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all terri- tory subject to the jurisdiction thereof for beverage purposes is hereby pro- hibited. Sec. 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation. Sec. 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 submis- sion 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. *Proclaimed as ratified by 36 states Jan. 29, 1919, and effective Jan. 29, 1920. L4 OUTLINE OF THE CONSTITUTION of the UNITED STATES I. Purposes of the Constitution and Government: (Preamble) 1. To form a more perfect union. 2. To establish justice. 3. To insure domestic tranquility. 4. To provide for the common defence. 5. To promote the general welfare. 6. To secure the blessings of liberty to ourselves and to our posterity. II. The Form of Government and Principal Agencies: A. A federal government, in which functions are separated — 1. All legislative powers are vested in congress, (article I) 2. The executive power is vested in a president, (article II) 3. The judicial power is vested in a supreme court, and other, inferior, courts created by congress, (article III) B. A union of indestructible states. 1. Consisting of the original 13 states (article I, section 2) and other states to be created by congress (article IV, section 3) ; each — 2. Guaranteed a republican form of government and against invasion or domestic violence, (article IV, section 4) 3. Guaranteed against division, junction or partition without state consent, (article IV, section 3) 4. Guaranteed representation in the house of representatives in proportion to population (article I, section 2) and equal representation in the senate, (article I, section 3, article V) 5. Guaranteed control of a state militia when the latter is not actually in the service of the nation, (article I, section 8) 6. Guaranteed full faith and credit for its public acts, records and judicial proceedings in every other state, (article IV, section 1) 7. Guaranteed for its citizens all the privileges and immunities of citizens in other states, (article IV, section 2) C. A division of functions betwixt federal government and state govern- ments : 1. The federal' government to exercise the powers enumerated in the constitution, (amendment X) a. Matters expressly enumerated as entrusted to federal government. 1. Federal taxation. 2. Interstate and foreign commerce. 15 3. Commerce with the Indians. 4. Naturalization. 5. Bankruptcy. 6. Money and standard value thereof. 7. Weights and measures. 8. Counterfeiting of federal money and securities. 9. Post offices and post road. 10. Patents and copyrights. 11. Enforcement of federal laws and jurisdiction of federal courts. 12. Piracy and felony on high seas. 13. War, armies and navies. 14. Seat of government. 15. Immigration. 16. Territory not organized as states. 17. Relations with foreign nations. 18. Judicial adjustment of controversies, between states and citizens of different states. 19. Treason against the federal government. 20. Interstate comity. 21. Creation of new states and admission to union. 22. CaTe and disposition of federal property. 23. Guaranty of republican form of government. 24. Protection of inviolability of states. 25. Taxation of incomes. 26. Census. 27. Prohibition of liquor traffic. 28. Prohibition of slavery. 29. Enforcement of due process of law. 30. Protection of civil rights and guaranty of immu- nities of citizens. 31. Succession to the presidency. 32. Creation of executive departments. 33. Eegulation of time, place and manner of elect- ing federal officers. 34. Creation of offices to supplement officers pro- vided for in constitution. IP^See also enumeration of powers of congress. Matters expressly enumerated as forbidden to the federal government. 1. Ex post facto laws. 2. Bills of attainder. 3. Suspension of habeas corpus except as necessary. 4. Establishment of religion or religious test, or abridgement of religious freedom. 5. Assumption of war debts incurred in insurrection or rebellion. 6. Recognition of claims for loss or emancipation of slaves. 16 7. Abridgement of freedom of speech or freedom of press. Find also restrictions implied in guaranty of civil rights and immunities. 2. The state governments to exercise the powers not expressly- conferred upon the federal government and not prohibited by the constitution, (amendment X) a. State governments may make and enforce laws in mat- ters enumerated within federal functions, provided state legislation does not conflict with federal legis- lation. b. State has concurrent jurisdiction with congress in enacting legislation prohibiting the liquor traffic. c. Matters expressly forbidden to the state. See title restrictions on states. d. The states prescribe the qualifications of electors for 1. Representatives in congress (article 1, section 2). 2. Senators in congress (article 1, section 3). 3. Presidential electors (through the power of the legislature to determine the method of appoint- ment) (article III). BUT are limited in restricting suffrage (amendments XIV., XV., XIX.) D. A dual citizenship in which (articles III & IV and amendments) 1. The citizen is obligated to both nation and state and respon- sible to both, (amendment XIV) 2. The citizen is protected by both nation and state in his life, liberty and property, (amendment XIV) 3. The citizen is guaranteed his rights as a citizen of his state by the federal government, (amendment XIV) III. Legislative Powers of the Federal Government A. Congress of the United States. 1. Exercises all legislative powers conferred upon the federal government, (article I, section 1) 2. Consists of a senate and house of representatives, (article I, section 1) 3. Enacts laws by concurrent action of both houses, (article I, section 7) 4. Meets. a. At least once every year on the first Monday in Decem- ber, but may by law appoint a different day. (article I. section 4) b. At other times by adjournment to a day certain, (arti- cle I, section 5) c. At the call of the President, (article II, section 3) B. House of Representatives. 1. Composed of members chosen every second year by the people of the several states qualified to voip for the most numerous branch of the state legislature, (aiticle I, section 2) 17 a. A member must be: (article I, section 2) (1) At least 25 years of age. (2) A citizen of the United States at least seven years. (3) An inhabitant of the state when chosen. b. Members are apportioned on basis of population counted every ten years at least in federal census, (article I, section 2; amendment XIV) c. Membership shall not exceed one for every 30,000 in- habitants, (article I, section 2) d. Vacancies filled by special elections on writs issued by state executives, (article I, section 2) 2. Chooses its speaker and other officers, (article I, section 2) 3. Enacts legislation by action concurrent with the senate, (arti- cle I, section 7) 4. Originates bills for raising revenues, (article I, section 7) 5. Initiates impeachment proceedings, (article I, section 2) 6. Elects the president by vote taken by states if and when the electoral colleges fail to elect the president by the required constitutional majority, (article II, section 1; amendment XII) The Senate. 1. Composed of two senators from each state, elected by the people of the state qualified to vote for the most numerous branch of the state legislature, (article I, section 3; amend- ment XVII) a. Members are divided into three classes, one of which is retired and replaced by election every two years, (article I, section 3) b. Members serve six years, (article I, section 3) c. A member must be: (article I, section 3) (1) At least 30 years of age. (2) Nine years a citizen of the United States. (3) An inhabitant of the state represented when chosen. d. Vacancies filled by special election on writs issued by state executives, but state legislature may authorize ad interim appointment by executive, (amendment XVII) e. No state may without its consent be deprived of equal representation in the Senate, (article V) 2. The Vice President is president of the senate without vote except to break a tie; the senate may elect a president pro tempore and other officers, (article I, section 3) 3. Enacts legislation by action concurrent with house of repre- sentatives, (article I, section 7) 4. Confirms or rejects nominations, and gives or withholds its advice and consent to appointments made by the president, (article II, section 2) 18 5. Ratifies or rejects treaties negotiated by the president, and no treaty becomes binding upon the United States unless ratified by a two-thirds vote of the senators present, (article II, section 2) 6. Tries impeachments, and may convict by a two-thirds vote of senators present, (article I, section 3) 7. Elects the vice president if and when the electoral colleges fail to elect the vice president by the required constitutional majority, (article II, section 1; amendment XII) D. Each house: (article I, section 5) 1. Is judge of the election, return and qualification of its own members. 2. May do business when a quorum, a majority, is present.* 3. May adjourn from day to day if a quorum is not present. 4. May compel the attendance of absent members, under penalty. 5. May determine rules of its proceedings. 6. May punish its members for disorderly behavior. 7. May expel a member by a two-thirds vote. 8. Shall keep a journal of its proceedings and publish the same, except parts requiring secrecy. 9. Shall vote by yeas and nays (and record the vote) upon request of one-fifth of the members present. 10. May adjourn but not for more than three days without the consent of the other house, and not to another place than that in which the congress is meeting. E. Members of Congress. 1. Qualifications. See III, B and C. 2. Are paid a compensation ($7500 annually) established by law and paid from the treasury of the United States, (article I, section 6) 3. Are exempt from arrest, except for treason, felony or breach of the peace, during .attendance at sessions of congress, and while going to or coming from such sessions, (article I, section 6) 4. Enjoy complete freedom of speech in debate, and may not be questioned therefor (in court or other proceedings) in any other place, (article I, section 6) 5. Are not eligible to any other office of emolument or trust under the United States while in service, and are not eligible for appointment to any civil office which shall have been created or the emoluments whereof shall have been increased, during their term, (article I, section 6) F. Powers of congress. 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States, but all duties, imposts and excises shall be uniform throughout the United States, (article I, section 8) *See Article II section 1, Amendment XII., for quorum of house for electing president, and of senate for electing vice president. 19 2. To borrow money on the credit of the United States, (article I, section 8) 3. To regulate commerce (article I, section 8) a. With foreign nations. b. Among the several states. c. With the Indian tribes. 4. To establish a uniform rule of naturalization, (article . I, section 8) 5. To establish uniform laws on the subject of bankruptcy, (article I, section 8) 6. To coin money, regulate the value thereof and of foreign coin, (article I, section 8) 7. To fix the standards of weights and measures, (article I, section 8) 8. To provide for the punishment of counterfeiting the securi- ties and current coin of the United States, (article I, section «) 9. To establish post-offices and post-roads, (article I, section 8) 10. To promote the progress of science and useful arts by grant- ing patents and copyrights, (article I, section 8) 11. To constitute tribunals inferior to the supreme court, and define the jurisdiction thereof, (article I, section 8; article III) 12. To define and punish piracies and felonies committed on the high seas and offences against the law of nations, (article I, section 8) 13. To declare war and (article I, section 8) (a) to grant letters of marque and reprisal (b) to make rules concerning captures on land and water. 14. To raise and support armies, and make appropriations for their support for periods not exceeding two years in any instance, (article I, section 8) 15. To provide and maintain a navy, (article I, section 8) 16. To make rules for the government and regulation of the land and naval forces, (article I, section 8) 17. To provide for calling forth the militia, (article I, section 8) a. to execute the laws of the union b. to suppress insurrections c. to repel invasions 18. To provide for organizing, arming and disciplining the militia, and for governing such parts as may be employed in the serv- ice of the United States, (article I, section 8) 19. To exercise exclusive legislation over the seat of the govern- ment of the United States, (article I, section 8) .20. To exercise exclusive legislation over all places purchased with the consent of the states for forts, magazines, arsenals, dockyards and other needful buildings, (article I, section 8) 20 21. To make all laws necessary to carry into execution the powers vested in the government of the United States, and any de- partment or officer thereof, (article I, section 8) 22. To regulate, and impose a tax limited to ten dollars per capita on immigration, (article I, section 9) 23. To regulate by law the times, places and manner . of holding elections of senators and representatives in Congress, (article I, section 4) 24. To fix by law, a date uniform throughout the United States, the time of choosing presidential electors, (article II, section 1) 25. To remove officers of the United States from public office by impeachment, (article I, sections 2, 3) 26. To prescribe by general law the manner in which public acts, records and proceedings of any state shall be proved in any other state, and the effect thereof, (article IV, section 1) 27. To admit new states to the union, (article IV, section 3) 28. To guaranty the boundaries of the several states, (article IV, section 3) 29. To guaranty a republican form of government in every state, (article IV, section 4) 30. To protect the states against invasion, and, upon application of the legislature (or the state executive if the legislature is not in session) against domestic violence, (article IV, sec- tion 4) 31. To propose amendments to the constitution, (article V) 32. To dispose of and make all needful rules and regulations respecting the territory and other property belonging to the United States, (article IV, section 3) 33. To provide by law for succession to the presidency in the event of the removal, death, resignation or inability of both the president and the vice president, (article II, section 1) 34. By two-thirds vote of both houses to remove the disqualifica- tions for public office of persons engaged in insurrection or rebellion, (amendment XIV) 35. To enact legislation to enforce the prohibition of slavery, (amendment XIII) 16. To enact legislation to enforce amendment XIV. a. Defining United States citizenship. b. Forbidding abridgement of the privileges and im- munities of citizenship. c. Prescribing due process of law and equal protection of law. d. Penalizing restriction of suffrage. e. Barring from public office under the United States or any state persons who have engaged in insurrection or rebellion. f. Guaranteeing the public debt, including civil war expenditures and pensions. 21 g. Forbidding assumption by nation or state of any debt incurred in aid of insurrection or rebellion, or claims for the loss or emancipation of slaves. 37. To enact legislation to prohibit the manufacture, sale, trans- portation, import or export of intoxicating beverages, (amendment XVIII) 38. To enact legislation to enforce equal suffrage to the extent of forbidding discrimination because of race, color or pre- vious condition of servitude (amendment XV), or sex. (amendment XIX) 39. To declare the punishment for treason, (article III, section 3) 40. To define the original jurisdiction of inferior federal courts, and to regulate the appellate jurisdiction of the supreme court, (article III, section 2) 41. To designate the place of trials of crime, not committed with- in the territory of any state, (article III, section 2) 42. To provide for a census at least once in every ten years, (article I, section 2) G. Restrictions on Congress. 1. The constitution, (article VI) 2. The rights expressly guaranteed to other federal agencies, to states, and to citizens. 3. The enumeration of powers and exclusion of others, (amend- ment X) 4. The executive veto. a. No bill passed in concurrence by both houses becomes effective unless (1) approved and signed by the president, or (2) passed by a two-thirds record vote of both houses, after reconsideration following a message of disapproval by the president, or (3) the president fails within ten days while congress is still in session to approve or to return the bill to congress with his disap- proval. b. No order, resolution or vote passed in concurrence, except on questions of adjournment, becomes effective unless (1) The president approves and signs, or (2) Passed by a two-thirds record vote in both houses, after reconsideration following dis- approval by the president. 5. Capitation and direct taxes, except taxes on incomes (amendment XVI), must be apportioned among the states on the basis of the census (article I, sections 2 and 9). 6. Duties, imposts and excises must be uniform throughout the United States, (article I, section 8) 22 7. Appropriations for the support of armies are limited to two years, (article I, section 8) 8. The appointment of officers for the militia is reserved to the states, (article I, section 8) 9. The seat of government is limited to a district not exceeding ten miles square, (article I, section 8) 10. Land within the boundaries of a state may be purchased for government use only with the consent of the state, (article I, section 8) 11. Taxes on immigration are limited to ten dollars per capita, (article I, section 9) 12. The writ of habeas corpus may not be suspended except when, in cases of rebellion or invasion, the public safety may require it. (article I, section 9) 13. No bill of attainder or ex post facto law may be passed, (article I, section 9) 14. No tax may be levied upon articles exported from any state, (article I, section 9) 15. No preference may be given, by any regulation of commerce or revenue, to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another, (article I, section 9) 16. No money may be drawn from the treasury but in consequence of appropriations made by law. (article I, section 9) 17. No title of nobility may be granted by the United States; and no person holding public office may, without the consent of congress, accept any present, emolument, office or title from any king, prince or foreign state, (article I, section 9) 18. No state may be formed or erected within the jurisdiction of any other state, or by the junction or partition of two or more states without the consent of the legislatures thereof and of congress, (article IV, section 3) 19. Treason is defined by the constitution, as is also the method of proof, (article III, section 3) 20. Attainder of treason shall not work corruption of blood or forfeiture except during the life of the person attainted, (article III, section 3) 21. Congress may make no law (amendment I) a. Respecting the establishment of religion. b. Prohibiting the free exercise of religion. c. Abridging freedom of speech or of the press. d. Abridging the popular rights of assembly and petition. 22. Congress may not abridge the right of citizens of the United States to vote on account of race, color or previous condition of servitude (amendment XVI), or sex (amendment XIX). 23. Congress may not assume any debt or obligation incurred in aid of insurrection or rebellion, or any debt or obligation because of the loss or emancipation of any slave. 2:^ 24. The president may prorogue congress in the event of dis- agreement of the house and senate as to adjournment. U^-"Find other restrictions implied in the guaranty of rights and immunities. H. Impeachments. 1. Originate on charges brought in and approved by house of representatives, (article I, section 2) 2. Are tried in senate, senators being under oath or affirmation, (article I, section 3) 3. Chief justice of supreme court presides when president is tried, (article I, section 3) 4. Two-thirds vote of senators present is necessary to convict. 5. Judgment is limited to removal from and disqualification for office under United States, (article I, section 3) 6. Person convicted through impeachment is further liable to indictment, trial, judgment and punishment according to law. (article I, section 3) I. Adjournment. 1. Both houses may adjourn sine die or to a day stated by con- current action, not subject to the executive veto, (article I, section 7; article 1, section 5) 2. Either house may adjourn from day to day in the absence of a quorum, (article I, section 5) 3. Either house may adjourn, during a session of congress, for not more than three days, without the consent of the other house, (article I, section 5) 4. The president may prorogue congress in the event of a dis- agreement as to the time of adjournment, (article II, section 3) IV. The Federal Executive: A. The president. 1. Qualifications — must be (article II, section 1) a. A natural born citizen of ihe United States. b. At least thirty-five years of age. c. At least fourteen years a resident within the United • States. 2. Is elected for four years, in the manner following: (article II, section 1; amendment XII) a. Each state appoints in such manner as the legislature directs electors equal in number to its total representa- tion in congress. (Nationwide method of popular elec- tion rests on state legislation.) b. Presidential electors meet in their respective states and vote for candidates for president and vice presi- dent. c. Lists of the persons voted for are sent to Washington directed to the president of the senate. d. The votes are counted in the presence of both houses. 24 e. The persons receiving the largest number of votes, if the largest number is majority of the whole number of electors appointed, is president. f. If no person receives the constitutional majority, the house of representatives, voting by states, elects the president from the three candidates having the high- est electoral votes. S. Before entering on the execution of his office, takes an oath or makes affirmation: a. To execute faithfully the office of president, and b. To the best of his ability to preserve, protect and defend the constitution. 4. Powers and duties. a. Is vested with the executive power, (article II, section 1) b. Shall take care that all the laws be faithfully executed, (article II, section 3) c. Is commander-in-chief of the army and navy of the United States, and of the militia when called into the actual service of the United States, (article II, sec- tion 2) d. May require the opinion in writing of the principal officer in each of the executive departments upon any subject relating to the duties of his office, (article II, section 2) e. May grant reprieves and pardons for offences against the United States, except in cases of impeachment, (article II, section 2) f . Is in charge of relations with foreign states : (1) May make treaties binding the United States, by and with the advice and consent of the senate, provided two-thirds of the senators present concur, (article II, section 2) (2) May nominate, and by and with the advice and consent of the senate, may appoint ambassa- dors, other public ministers and consuls, (arti- cle II, section 2) (3) May receive ambassadors and other public ministers from foreign states, (article II, sec- tion 3) g. Has, by and with the advice and consent of the senate, power to appoint: (1) Ambassadors, other public ministers and con- suls, (article II, section 2) (2) Judges of the supreme court, (article H, section 2) (3) Other officers of the United States, whose ap- pointments are not provided for by the con- stitution, (article II, section 2) 25 (4) Inferior officers whose appointments are not by law vested in the president alone, courts of justice, or heads of departments, (article II, section 2) h. May fill vacancies during a recess of the senate, such appointments to continue until the end of the next session, (article II, section 2) i. Commission all the officers of the United States, (arti- cle II, section 4) j. Shall from time to time give congress information of the state of the union and recommend to their con- sideration such measures as he may judge necessary and expedient, (article II, section 3) k. May call congress or either house in extraordinary ses- sion, and prorogue congress when the houses disagree as to the time of adjournment, (article II, section 3) 5. Receives a salary which may not be increased or diminished during the period for which he has been elected, and may not within that period receive any other emolument from the United States or any of them, (article II, section 1) ($75,000 annually) 6. May be removed from office on impeachment for and convic- tion of treason, bribery or other high crimes and misde- meanors, (article II, section 4) B. The vice president. 1. Must have the same qualifications for office as the president, (amendment XII) 2. Is elected for four years in manner substantially similar to president, except that the senate chooses the vice president from the two highest candidates if the electoral colleges fail to do so. 3. Powers and duties. a. Presides in the senate, (article I, section 3) b. Succeeds the president in case of the removal of the president from office, or of his death, resignation or inability to discharge the duties of his office, (article II, section 1) 4. May be removed from office by impeachment, (article II, sec- tion 4) C. Succession — Congress may by law declare what officer shall succeed as president, if both president and vice president are removed. The Federal Judiciary. A. The judicial power is vested in one supreme court and such inferior courts as congress may from time to time ordain and establish, (arti- cle III, section 1) B. Jurisdiction. The judicial power extends (article III, section 2; amendment XI) 26 1. To all cases in law and equity arising a. Under the constitution of the United States. b. Under the laws of the United States. c. Under treaties binding the United States. 2. To all cases affecting ambassadors, other public ministers and consuls. 3. To all cases of admiralty and maritime jurisdiction. 4. To controversies to which the United States shall be a party. 5. To controversies between states or citizens of different states. a. Between two or more states. b. By a state against citizens of another state. c. Between citizens of different states. d. Between citizens of the same state claiming lands under grants of different states. e. By a state against foreign states, citizens or subjects. f. Between the citizens of a state and foreign states, or citizens or subjects of foreign states. IJ^-BUT no state may be sued in the federal courts by citizens of another state or by citizens or subjects of any foreign state, (amendment XI) C. Jurisdiction of the supreme court is (article III, section 2) 1. Original a. In cases affecting ambassadors, other public ministers and consuls. b. In cases in which a state shall be a party. 2. Appellate in other cases, both as to law and fact, with such exceptions and under such regulations as congress shall make. D. Judges of the supreme court, and of other courts (unless otherwise provided) 1. Are nominated and appointed by the president by and with the consent of the senate, (article II, section 2) 2. Serve during good behavior, (article III, section 1) 3. Receive compensation that may not be diminished during their continuance in office, (article III, section 1) 4. May be removed by impeachment, (article II, section 4) VI. General Constitutional Limitations. A. The constitution of the United States is the supreme law of the land, (article VI) B. The constitution of the United States, the laws made in pursuance thereof, and treaties made under the authority of the United States 1. Are superior to state constitutions and state laws, (article VI) 2. Bind the judges of federal and state courts, (article VI) 3. Are obligatory (by oath or affirmation) on (article VT). a. Federal senators and representatives. b. Members of state legislatures. c. All federal and state executive and judicial officers. 27 Express restrictions on the federal government. 1. The writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it. (article I, section 9) 2. No bill of attainder or ex post facto law shall be passed, (article I, section 9) 3. No capitation or direct tax, except taxes on incomes (amend- ment XVI) shall be laid unless in proportion to the census, (article I, section 9) 4. No export tax shall be laid, (article I, section 9) 5. No money shall be drawn from the federal treasury but in consequence of appropriations made by law. (article I, sec- tion 9) 6. Reports of receipts and expenditures of public money shall be published from time to time, (article I, section 9) 7. No title of nobility shall be granted, (article I, section 9) 8. No federal officer may participate as presidential elector in the choice of the president, (article II, section 1) 9. The trial of crimes, except in cases of impeachment, shall be by jury, (article III, section 2) 10. Crimes shall be tried in the state where committed, (article III, section 2) 11. Treason against the United States (article III, section 3) is defined and the punishment limited. a. - Shall consist only of levying war against them, or in adhering to their enemies, giving them aid and comfort. b. Shall be proved only by the testimony of two wit- nesses to the same overt act, or by confession in open court. c. Congress may define the penalty, which shall not work a corruption of blood or forfeiture of property except during the life of the person attainted. 12. No religious test shall ever be required as a qualification to any office or public trust under the United States, (article VI) 13. Powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people, (amendment X) 14. The judicial power of the United States shall not extend, in law or equity, to any suit against a state brought by citizens of other states, or citizens or subjects of any foreign state, (amendment XI) 15. Neither slavery nor involuntary servitude except as a punish- ment for crime shall exist in the United States, (amendment XIII) 16. The validity of the public debt may not be questioned, (amendment XIV) 28 17. The United States may not assume or pay any debt or obligation incurred in insurrection or rebellion, or any claim for loss or emancipation of any slave, (amendment XIV) 18. The rights of citizens to vote may not be abridged by reason of race, color, previous condition of servitude or sex. (amend- ments XV and XIX) U^Find also limitations implied in the guaranty of certain rights and the prohibition of certain practices, particularly in amendments. Express restrictions upon the states — No state may 1. Enter into any treaty, alliance or confederation, (article I, section 10) 2. Grant letters of marque or reprisal, (article I, section 10) 3. Coin money, (article I, section 10) 4. Emit bills of credit (issue paper money), (article I, section 10) 5. Make anything but gold or silver coin a legal tender in pay- ment of debts, (article I, section 10) 6. Pass any bill of attainder, (article I, section 10) 7. Pass any law impairing the obligation of contracts, (article I, section 10) 8. Grant any title of nobility, (article I, section 10) 9. Without the consent of congress, lay any impost or duty on imports or exports, except such as are absolutely necessary for execution of its own inspection laws (quarantine), (article I, section 10) 10. Without the consent of congress. a. Lay any tonnage duty. b. Keep troops or ships of war in time of peace. c. Enter into any agreement or compact with another state or foreign power. d. Engage in war, unless actually invaded or in such im- minent danger as will not admit of delay. 11. Maintain other than a republican form of government, (arti- cle IV, section 4) 12. Nullify by constitution or law any provision of the federal constitution, the laws of the United States, and treaties bind- ing the United States, (article VI) 13. In judicial proceedings re-examine any fact tried by a jury by other process than according to the rules of the common law. (amendment VTI) 14. Abridge the privileges or immunities of citizens of the United States, (amendment XIV) 15. Deprive any person of life, liberty or property without due process of law. (amendment XIV) 16. Deny to any person within its jurisdiction equal protection of the laws, (amendment XIV) 29 17. Assume or pay any debt or obligation incurred in aid of in- surrection or rebellion against the United States, or any claim for the loss or emancipation of any slave, (amendment XIV) 18. Abridge the right of citizens of the United States to vote on account of race, color, previous condition of servitude, or sex. (amendments XV and XIX) U^Find also limitations implied in the guaranty of certain rights and prohibition of certain practices. E. Interstate comity, (article IV, sections 1 and 2) 1. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. 2. The citizens of each state are entitled to all the privileges and immunities of citizens in the several states. 3. Extradition of fugitives from justice and bond servants. 4. No state may, without the consent of congress, lay any im- posts or duties on imports or exports, (article I, section 10) 5. Interstate commerce regulated by congress, (article I, sec- tion 8) 6. Controversies between states subject to judicial adjustment in federal courts, (article III, section 2) F. Declaration of fundamental principles. 1. The constitution is the act of the people of the United States, (preamble) 2. The form of government shall be republican, (article IV, sec- tion 4) 3. The states are indestructible, (article IV, section 3) 4. No state may be deprived of equal representation in the sen- ate, (article V) 5. Religious liberty, (article VI, amendment I) 6. Freedom of speech and press, (amendment I) 7. Security of person and dwelling, (amendments III and IV) 8. Common law procedure in criminal prosecutions, (amend- ments V and VII) 9. Trial by a jury of the vicinage, (amendment VI) 10. Slavery shall not exist, (amendment XIII) 11. Equal rights and equal protection of law. (amendments XIV, XV, XIX) 12. Prohibition of liquor traffic, (amendment XVIII) 13. Cruel and unusual punishments forbidden, (amendment VTII) G. Civil rights guaranteed. 1. Liberty of worship, (amendment I) 2. Liberty of speech, (amendment I) 3. Liberty of press, (amendment I) 4. Liberty of person, (amendment XIII) 5. Peaceable assembly, (amendment I) 6. Petition for the redress of grievances, (amendment I) 7. Right to keep and bear arms, (amendment II) 8. Security of dwelling, (amendments III and IV) 30 9. Security of person, (amendment IV) 10. In criminal procedure. a. Habeas corpus, (article I, section 9) b. Reasonable bail, (amendment VIII) c. Indictment or presentment by grand jury, (amend- ment V) d. Single jeopardy, (amendment V) e. Excuse from testimony against self, (amendment V) f. Due process of law. (amendments V and XIV) g. Speedy and public trial, (amendment VI) h. Confrontation with witnesses, (amendment VI) i. Trial by jury of vicinage, (amendment VI) j. Compulsory process to obtain witnesses, (amendment V) k. Assistance of counsel for defence, (amendment V) 11. Equal protection of laws, (amendment XIV) 12. Trial by jury of causes where value in controversy exceeds twenty dollars, (amendment VII) 13. Security of private property against taking for public use without just compensation, (amendment V) Invasion of rights forbidden. 1. Personal liberty a. Slavery or involuntary servitude forbidden, (amend- ment XIV) b. Freedom of speech and the press may not be abridged, (amendment I) c. Freedom of religion. (1) Religious tests may not be required as a qualification for office, (article VI) (2) Religion may not be established, (amend- ment I) d. Freedom of person from search, (amendment IV) e. Freedom of dwelling from search, (amendment IV) f. Habeas corpus shall not be suspended, (article I, section 9) 2. Protection of property. a. Private property may not be taken without due com- pensation, (amendment V) b. Private property may not be taken without due process of law. (amendments V and XIV) c. No ex post facto law shall be passed, (article I, sec- tion 9) d. No state shall pass any law impairing the obligation of contract, (article I, section 10) e. No state may make anything but gold or silver coin a legal tender for the payment of debts, (article I, section 10) 31 f . Soldiers shall not be quartered in any dwelling in time of peace, or in time of war except in a manner pre- scribed by law. (amendment III) g. Attaint of treason shall not work a corruption of blood or forfeiture of property beyond the life of the at- tainted, (article I, section 3) 3. In general court procedure. a. Trial by jury, (amendment VII) b. Appeals from jury limited to common law procedure, (amendment VII) c. Protection of life, liberty and property, (amendments V and XIV) 4. In criminal procedure. a. Indictment or presentment in capital or other serious crime, (amendment V) b. No warrant may be issued without probable cause and unless supported by oath or affirmation, (amendment IV) c. Double jeopardy forbidden, (amendment V) d. Excessive bail shall not be required, (amendment VIII) e. Habeas corpus may not be suspended, (article I, sec- tion 9) f. No bill of attainder or ex post facto law may be passed, (article I, section 9) g. ' Accused may not be compelled to testify, (amendment VI) h. Confrontation with witnesses, (amendment VT) i. Speedy and public trial by impartial jury, (amend- ment VI) j. Trial by jury of vicinage, (amendment VI) k. Cruel and unusual punishments forbidden, (amend- ment VII) VII. Amendments may be made by one of two procedures. A. Propositions originating with congress. 1. Congress, by two-thirds vote of both houses, may propose amendments. 2. Such proposals may be ratified by the legislatures of three- fourths of the states or by conventions in three-fourths of the states, as suggested by congress. B. Propositions originating in a constitutional convention. 1. On request of the legislatures of two-thirds of the states, con- gress shall call a convention to propose amendments. 2. Such proposals may be ratified in the same way as amend- ments proposed by congress.