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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, reserying 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,t 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, dockyards, and other needful buildings ;-And To make all laws which shall be necessary
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 offcer thereof. I
* Vide amendments, art. ii.
Congress has authority to impose a direct tax on the District of Columbia, in proportion to the census directed to be taken by the constitution. - - Loughborough Vs. Blake, 5 Wheaton, 317.
But Congress are not bound to extend a direct tax to the district and territories. — Id., 322.
The power of Congress to exercise exclusive jurisdiction in all cases whatsoever within the District of Columbia, includes the power of taxing it.-]d, 324
# Whenever the terms in which a power is granted by the constitution to Con. gress, or whenever the nature of the power itself requires that it should be exer. cised exclusively by Congress, the subject is as completely taken away
from the state legislatures as if they had been expressly forbidden to act on it. -Sturgess v8. Crowninshield, 4 Wheaton, 193.
Congress has power to incorporate a bank.--McCulloch vs. State of Maryland, 4 Wheaton, 316. The power
of establishing a corporation is not a distinct sovereign power or end of government, but only the means of carrying into effect other powers which are sovereign. Whenever it becomes an appropriate means of exercising any of the powers given by the constitution to the government of the Union, it may be exercised by that government.-Id., 411, 421.
If a certain means to carry into effect any of the powers expressly given by the
Section 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 Congress prior to
constitution to the government of the Union, be an appropriate measure, not prohibited by the constitution, the degree of its necessity is a question of legislative discretion, not of judicial cognizance.--Id., 421.
The act of the 19th of April, 1816, chap. 44, to incorporate the subscribers to the bank of the United States is a law made in pursuance of the constitution.-Id., 424.
The bank of the United States has constitutionally a right to establish its branches or offices of discount and deposite within any state.-Id., 424.
There is nothing in the constitution of the United States similar to the articles of confederation, which excludes incidental or implied powers.-Id., 403.
If the end be legitimate, and within the scope of the constitution, all the means which are appropriate, which are plainly adapted to that end, and which are not prohibited, may constitutionally be employed to carry it into effect.-Id., 421.
The powers granted to Congress are not exclusive of similar powers existing in the states, unless where the constitution has expressly in terms given an exclu. sive power to Congress, or the exercise of a like power is prohibited to the states, or there is a direct repugnancy or incompatibility in the exercise of it by the states.-Houston vs Moore, 5 Wheaton 49.
The example of the first class is to be found in the exclusive legislation delegated to Congress over places purchased by the consent of the legislature of the state in which the same shall be for forts, arsenals, dockyards, &c. Of the second class, the prohibition of a state to coin money or emit bills of credit. Of the third class, the power to establish a uniform rule of naturalization, and the delegation of admiralty and maritime jurisdiction.—Id., 49.
In all other classes of cases the states retain concurrent authority with Con. gress.-Id., 48.
But in cases of concurrent authority, where the laws of the states and of the Union are in direct and manifest collision on the same subject, those of the Union being the supreme law of the land, are of paramount authority, and the state so far, and so far only as such incompatibility exists, must necessarily yield.-Id., 49.
The state within which a branch of the United States bank may be established, can not, without violating the constitution, tax that branch.-McCulloch vs. State of Maryland, 4 Wheaton, 425.
The state governments have no right to tax any of the constitutional means employed by the government of the Union to execute its constitutional powers.Id., 427.
The states have no power by taxation, or otherwise, to retard, impede, burden, or in any manner control, the operation of the constitutional laws enacted by Congress, to carry into effect the powers vested in the national government.Id., 436.
This principle does not extend to a tax paid by the real property of the bank of the United States, in common with the other real property in a particular state, nor to a tax imposed on the proprietary which the citizens of that state may hold in common with the other property of the same description throughout the state. -Id. 436.
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.
No bill of attainder or ex post facto law shall be passed.
No capitation, or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.
No tax or duty shall be laid on articles exported from any state.
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. 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.
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 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. * Where a law is in its nature a contract, where absolute rights have vested
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 control of the Congress.
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
under that contract, a repeal of the law can not divest those rights.-Fletcher vs. Peck, 6 Cranch, 88.
A party to a contract can not pronounce its own deed invalid, although that party be a sovereign state.--Id., 88.
A grant is a contract executed.-Id., 89.
A law annulling conveyance is unconstitutional, because it is a law impairing the obligation of contracts within the meaning of the constitution of the United States.-Id.
The court will not declare a law to be unconstitutional, unless the opposition between the constitution and the law be clear and plain.---Id., 87.
An act of the legislature of a state, declaring that certain lands which should be purchased for the Indians should not thereafter be subject to any tax, constituted a contract which could not, after the adoption of the constitution of the United States, be rescinded by a subsequent legislative act; such rescinding act being void under the constitution of the United States.-State of New Jersey vs. Wilson, 7 Cranch, 164.
The present constitution of the United States did not commence its operation until the first Wednesday in March, 1789, and the provision in the constitution, that“no state shall make any law impairing the obligation of contracts," does not extend to a state law enacted before that day, and operating upon rights of property vesting before that time.-- Owings vs. Speed, 5 Wheaton, 420, 421.
An act of a state legislature, which discharges a debtor from all liability for debts contracted previous to his discharge, on his surrendering his property for the benefit of his creditors, is a law impairing "the obligations of contracts," within the meaning of the constitution of the United States, so far as it attempts to discharge the contract; and it makes no difference in such a case, that the suit was brought in a state court of the state of which both the parties were citizens where the contract was made, and the discharge obtained, and where they continued to reside until the suit was brought.-Farmers and Mechanics' Bank vs. Smith, 6 Wheaton, 131.
The act of New York, passed on the 3d of April, 1811 (which not only liberates the person of the debtor, but discharges him from all liability for any debt contracted previous to his discharge, on his surrendering his property in the manner
state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
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,t 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.
it prescribes,) so far as it attempts to discharge the contract, is a law impairing the obligation of contracts within the meaning of the constitution of the United States, and is not a good plea in bar of an action brought upon such contract.Sturgess vs. Crowinshield, 4 Wheaton, 122, 197.
Statutes of limitation and usury laws, unless retroactive in their effect, do not impair the obligation of contracts, and are constitutional.-Id., 206.
A state bankrupt or insolvent law (which not only liberates the person of the debtor, but discharges him from all liability for the debt,) so far as it attempts to discharge the contract, is repugnant to the constitution of the United States, and it makes no difference in the application of this principle, whether the law was passed before or after the debt was contracted.—McMillan vs. McNeill, 4 Wheaton, 209.
The charter granted by the British crown to the trustees of Dartmouth college, in New Hampshire, in the year 1769, is a contract within the meaning of that clause of the constitution of the United States (art. i., sect. 10) which declares, that no state shall make any law impairing the obligation of contracts. The charter was not dissolved by the revolution.—College vs. Woodard, 4 Wheaton, 518.
An act of the state legislature of New Hampshire, altering the charter of Dartmouth College in a material respect, without the consent of the corporation, is an act impairing the obligation of the charter, and is unconstitutional and void. Id. 518. * See laws United States, vol. ii., chap. 109, sect. 12. See laws United States, vol. ii., chap. 109.