Chapter 29

CLAUSE 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) 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.

[Footnote: _Section 8_. Eighteen clauses now follow which enumerate the _powers granted to Congress_. What power has Congress with regard to taxes? Duties (taxes on imported or exported articles)? Imports (taxes on imported articles)? Excises (taxes on articles produced in the country)? Borrowing money? Regulating commerce? Naturalization? Bankruptcies? Coining money? Counterfeiting? Post-offices and post-roads? Authors and inventors? Inferior courts? Piracies? Declaring war? Raising and supporting armies? A navy? Government of the land and naval forces? Calling forth the militia? Organizing the militia? Over what places has Congress exclusive legislation? What power is finally given to Congress to enable it to enforce its authority? What four restrictions upon the Congressional powers are made in this section? (See clauses 1, 2,16 and 17.) (_Notes. _--Taxes may be either direct or indirect; the former are laid directly upon the person; the latter upon articles exported, imported or consumed. Naturalization is the process by which a foreign-born person becomes a citizen. The process of naturalization is as follows (1.) The person declares, on oath before the proper authority, his intention of becoming a citizen of the United States. (2.) Two years, at least, having elapsed, the person takes the oath of allegiance, when he must prove by witness that he has resided in the United States five years and in the state where he seeks to be naturalized one year; that he has borne a good moral character, and has been well-disposed toward the government. The copyright, or exclusive right of publishing a book, is given to an author for 28 years, with the privilege of extension 14 years longer. It is issued only to a citizen or resident of the United States. A patent is now granted to an inventor for 17 years, without the privilege of extension. Any crime punishable with death is a felony. "Letters of marque and reprisal" are commissions given to persons authorizing them to seize the property of another nation By the term "high seas" is meant the open sea, the highway of nations.)]

SECTION VIII.

CLAUSE 1. 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;

CLAUSE 2. To borrow money on the credit of the United States;

CLAUSE 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;

CLAUSE 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

CLAUSE 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

CLAUSE 6. To provide for the punishment of counterfeiting the securities and current coin of the United States;

CLAUSE 7. To establish post-offices and post-roads;

CLAUSE 8. 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;

CLAUSE 9. To constitute tribunals inferior to the Supreme Court;

CLAUSE 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations;

CLAUSE 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

CLAUSE 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

CLAUSE 13. To provide and maintain a navy;

CLAUSE 14. To make rules for the government and regulation of the land and naval forces;

CLAUSE 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;

CLAUSE 16. 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;

CLAUSE 17. 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 efforts, magazines, arsenals, dockyards, and other needful buildings;--And

CLAUSE 18. 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.

[Footnote: _Section 9_. Eight clauses now follow, enumerating the _powers denied to Congress._ What prohibition was made concerning the slave trade? Writ of habeas corpus? Bill of attainder? Ex-post-facto law? Direct tax? Exports from any state? Trade between the United States? Payments from the Treasury? Titles of nobility? United States office-holder receiving presents from a foreign power? (_Notes._--The object of the first clause was to destroy the foreign slave trade or the importation of negroes from Africa for the purpose of enslaving them. In 1808, a law was passed prohibiting the trade, and in 1820 it was declared to be piracy. A writ of habeas corpus is a written order from a magistrate directing that a certain person shall be brought before him; its object is to guard against false imprisonment or trial in a prejudiced court. A bill of attainder is an English term, meaning an act which without trial inflicts death for treason: attainder of treason cannot in the United States work "corruption of blood" so as to prevent a person from transmitting lands to his descendants. An ex-post-facto law makes an act criminal or penal which was not so at the time it was committed. A United States office-holder, wishing to accept a present or distinction offered him by any foreign power, must ask permission of Congress before he can receive it.)]

SECTION IX.

CLAUSE 1. 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 Congress 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.

CLAUSE 2. 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.

CLAUSE 3. No bill of attainder or ex-post-facto law shall be passed.

CLAUSE 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.

CLAUSE 5. No tax or duty shall be laid on articles exported from any State.

CLAUSE 6. No preference 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.

CLAUSE 7. No money shall be drawn from the treasury but in consequence of appropriations 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.

CLAUSE 8. 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 whatever, from any king, prince, or foreign state.

SECTION X.--CLAUSE 1. 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.

CLAUSE 2. No State shall, without the consent of the Congress, lay any impost 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 impost, 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.

CLAUSE 3. 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 actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.--Executive Department.

SECTION I.

CLAUSE 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:

CLAUSE 2. 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 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.

CLAUSE 3. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

CLAUSE 4. 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 to the age of thirty-five years, and been fourteen years resident within the United States.

CLAUSE 5. In case of the removal of the President from office, or of his death, 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 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.

[Footnote: Section 10. Three clauses now follow enumerating the _powers denied to the several States_. What prohibition was made with regard to treaties? Letters of marque and reprisal? Coinage of money? Issuing bills of credit (bills to circulate as money)? Making any other legal tender than gold or silver? A bill of attainder? An ex-post-facto law? The impairing of contracts? Titles of nobility? Imposts? Keeping troops? Making peace or war?

ARTICLE II.-SECTION 1. In whom is the executive power vested? (_Note_--The executive power is that of executing the laws.) How long is the President's term of office? The Vice President's? Who are the presidential electors? How many are there from each state? Who are ineligible to the office? Describe the method of electing a President, as originally directed by the Constitution. (_Note_.--This has been superseded by the XIIth Amendment.) What power has Congress over the electors? What are the necessary qualifications for the office of President? In case of a vacancy, who would become President? (_Note_.--In case of a vacancy in the office of both President and Vice-President, the president _pro tempore_ of the Senate, and in case of a vacancy in that office, then the speaker of the House would act as President. The electors are now chosen on "the Tuesday next after the first Monday in the last November" of each presidential term of office. The electors meet to cast their ballots, generally at the capital of each state, on "the first Wednesday in the last December" of each presidential term of office. When the plan of choosing electors was originally adopted it was intended to choose good men who should themselves select the President, but it soon came about that the electors were pledged to their respective candidates before their own election. The President's salary is $50,000 per year, together with the use of the White House.) Can the salary of a President be changed during his term of office? Can he receive any other emolument from the national or any state government? Repeat the President's oath of office.]

CLAUSE 6. The President shall, at stated times, receive for his services a compensation 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.

CLAUSE 7. 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."

SECTION II.

CLAUSE 1. 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.

CLAUSE 2. 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 departments.

CLAUSE 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

[Footnote: _Section 2_. Three clauses now follow enumerating the powers granted to the President. What authority has the President over the United States army and navy? State militia? The chief officers of the different executive departments? (See note, p. 151.) Reprieves and pardons? The making of treaties? Appointment of ambassadors? Judges of the Supreme Court, etc.? Filling vacancies?]

SECTION III.--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, convene 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.

[Footnote: _Section 3_. Defines the duties of the President, Name these duties with regard (1) to Congress, (2) to ambassadors, and (3) to United States officers? (_Note_.--Washington and Adams in person read their messages to Congress; the present plan of sending the message by a private secretary was commenced by Jefferson.)]

SECTION IV.--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.

[Footnote: _Section 4_. For what crimes and in what way may any United States officer be removed from office?]

ARTICLE III.--JUDICIAL DEPARTMENT.

SECTION I.--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.

[Footnote: ARTICLE III.--Section 1. In what is the judicial power of the United States vested? (_Note_.--The judicial power is that of interpreting and applying the laws.) How long do the judges hold office? Can their salary be changed during their term of office?]

[Footnote: Section 2 defines the _jurisdiction of the United States Courts_. Name the cases to which the judicial power of the United States extends. In what cases does the Supreme Court have original jurisdiction? Appellate jurisdiction? What is the law with regard to trial by jury? Where must such a trial be held? Where may a crime be committed "not within a state"? (_Notes_. --The Supreme Court consists of a chief justice and eight associate justices. The salary of the chief-justice is $10,500 and that of an associate $10,000 per annum. This court meets at Washington annually on the first Wednesday in December. A citizen of the District of Columbia, within the meaning of the Constitution as above, is not a citizen of a state. By original jurisdiction is meant the court in which the case begins; by appellate, is indicated a trial after an appeal from a lower court.)]

SECTION II.

CLAUSE 1. 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 ambassadors, 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;--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.

CLAUSE 2. 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.

CLAUSE 3. 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 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.

SECTION III.

CLAUSE 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.

[Footnote: Section 3. In what does treason consist? What proof is required? Who fixes the punishment? What limit is assigned?]

CLAUSE 2. 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.

CLAUSE 3. 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.--General Provisions.

SECTION I.--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 proceedings shall be proved, and the effect thereof.

[Footnote: ARTICLE IV.--Section 1. What is the law with regard to state records, judicial proceedings, etc.?]

SECTION II.

CLAUSE 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.

CLAUSE 2. 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 executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.

CLAUSE 3. No person held to service or labor 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 labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

[Footnote: Section 2. What privileges has the citizen of one state in all the others? Can a criminal or an apprentice escape by fleeing into another state? (Note.-Clause 3 originally included fugitive slaves, but that application was annulled by the XIIIth Amendment.)]

SECTION III.

CLAUSE 1. 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.

[Footnote: State the law with regard to the formation and admission of new states. What power has Congress over the territory and propeity of the United States?]

CLAUSE 2. 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.

SECTION IV.-The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the executive (when the Legislature cannot be convened) against domestic violence.

[Footnote: What must Congress guarantee to every state? When must Congress protect the states?]

ARTICLE V.--Power of Amendment.

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 proposing amendments, which, in either case, shall be valid to all intents and purposes, 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; provided 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 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.