States not to 2. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be lay imposts. upon the occupant certain rights which did not exist under the laws of Virginia, at the date of the separation, impairs the obligation of contracts.-Green v. Biddle, 8 Wheat. 1. 14. The states have a right to regulate or abolish imprisonment for debt as a part of the remedy for enforcing the performance of contracts.Mason v. Haile, 12 Wheat. 377. 15. The Supreme Court of Pennsylvania decided that the relation between landlord and tenant could not exist between persons holding under a Connecticut title. Afterwards the legislature of Pennsylvania passed an act declaring that such relation should exist. The case coming again before the Supreme Court of Pennsylvania, the judgment of the Court of Common Pleas, which was in favour of the landlord, was affirmed. The tenant brought a writ of error under the 25th section of the judiciary act, claiming that the act of assembly of Pennsylvania was unconstitutional. Held, that was not.-Satterlee v. Matthewson, 2 Peters, 380. 16. In this case it is said, that there is nothing in the constitution of the United States, which forbids the legislature of a state to exercise judicial functions; nor was there any thing which applies to a state law, which divested rights vested by law in an individual, provided its effects be not to impair the obligation of a contract; and that an act of the legislature, creating a contract between parties where none previously existed, is not embraced by the prohibition in the above clause. Ibid. Bank,' with the ordinary banking powers, and in 1822, an act was passed imposing a tax on every bank in the state, except the Bank of the United States. The Providence Bank claimed to be exempt from the tax on the ground, that the law impaired the obligation of the contract created by the charter granted to the Bank. Held, that the charter granted was a contract between the state and individuals within the meaning of the above clause, but that the law imposing the tax did not impair its obligation.-The Providence Bank v. Billings & Pittman, 4 Peters, 514. 19. In the year 1812, the legislature of North Carolina passed an act giving to any debtor against whom a judgment should be rendered between the 31st of Dec. 1812 and the 1st of Feb. 1814, a right to have the execution stayed until the first term or session of the court after the latter period, by giving two freeholders as securities. But the Supreme Court of that state held the law to be contrary to the above clause of the constitution.- -Crittenden v. Jones, 5 Hall's Law Jour. 520, 507. 2 do. 93. 20. The legislature of Missouri passed an act also, giving a stay for two years and a half on executions, which should not be endorsed by the plaintiff to receive property in payment at two thirds of its appraised value, by the defendant's giving bond with security for the payment of the debt or pledging real property therefor. The court of that state decided the act to be a violation of the above clause of the constitution. -Golden v. Prince, 5 Hall's Law Jour. 507. Judge Haywood of Tennessee has pronounced, on the same principles, that such a law is unconstitutional.-Sergeant's Con. Law, 364. 21. By the word obligation in the above clause, is meant the legal obligation, which consists in the legal remedy given to enforce the contract.-Blair, &c. v. Williams, 4 Litt. 34. Lapsley v. Brashear & Barr, 4 Litt. 47. 17. The state of New York granted a patent to John Cornelius, under which the plaintiff claimed the land in controversy. He insisted that the patent created a contract between the state and the patentee, that the state should pass no law affecting the estate contrary to the state constitution, and that an act passed by the legislature of New York subsequent to the patent, under which commissioners were appointed to investigate the contending titles to all lands held under such patents, without the aid of a jury, did violate that contract. Held, that this was not a case within the above clause of the constitution, and that the court was not inclined to create a contract by implication.--Jackson v. Lamphire, 3 7 Mon. 50. Peters, 287. 18. In 1791, the legislature of Rhode Island granted a charter to a corporation, styled "The President, Directors, & Co. of the Providence 22. A law passed after a contract is made, extending the time of replevin on a judgment rendered on such contract, impairs the obligation of the contract.-Ibid. Grayson v. Lilly, &c. 7 Mon. 10. Stephenson's Adm3rs. &c v. Barnett, 23. Replevin and insolvent laws passed by the states, so far as they affect future contracts only, do not violate the constitution of the United States.-Ibid. States not to lay any duty of tonnage, &c. absolutely necessary for executing its inspection laws; (v) and the nett 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 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.-SECTION 1. 1. The executive power shall be vested in a President of the The executive 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: power. Electors, how appointed. 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. [3. The electors shall meet in their respective states, and vote by Electors, to ballot for two persons, of whom one at least shall not be an inhabitmeet and vote. ant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the pres Proceedings. 24. A replevin bond is a contract within the condition to the contract which did not exist when meaning of the constitution.-Ibid. it was made, and is unconstitutional.-Gaines, &c. v. Buford, 1 Dana, 481. 25. The word 'impairing' does not mean destroying, consequently every state law, which weakens the obligation of a contract previously made, or renders it less operative, is a violation of the constitution.-Ibid. 26. An act of assembly, directing sales under decrees in chancery on longer credit than at the date of the contract, is unconstitutional and void. January v. January, 7 Mon. 544. See also Pool v. Young, 7 Mon. 588. 27. A grant of land by the state is a contract within the meaning of the above clause; and the provisions of the act to revise and amend the Champerty and Maintenance Law,' &c. of January, 1824, which declare that the lands of proprietors and claimants shall be forfeited to the commonwealth, unless certain improvements are made thereon as required by the act, annex a (v) An act of the legislature of a state requiring importers of foreign goods by the bale or package, and others selling the same by wholesale, bale or package, to take out a license, for which they should pay fifty dollars, or in case of neglect or refusal, subjecting them to certain forfeitures and penalties, is repugnant to the above provision of the constitution and also to that giving to congress the power to regulate commerce. -Brown v. The State of Maryland, 12 Wheat. 419. 2. The word necessary, in the above clause, has a different meaning, taken in connection with its adjunct, absolutely, from that which it bears in section 8 of this article, paragraph 18.-McCulloch v. Maryland, 4 Wheat. 413. ence of the senate, and house of representatives, open all the cer- 4. 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. 5. 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 a resident within the United States. 6. 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. [*Alteredsee amend. art. 12.] Electors, when to meet. Qualifications of President of the U. States. In case of the removal, &c. of the President, his powers to devolve on the Vice President. President of 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished dur- U. States, his ing the period for which he shall have been elected, and he shall not compensation. receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation: 9. "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." Oath of office. President of the SECTION 2. 1. The President shall be commander in chief of the army and Powers of the 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 all offences against the United States, except in cases of impeachment. with consent of the senate. 2. He shall have power, by and with the advice and consent of Make trea- the senate, to make treaties, provided two-thirds of the senators presties and appoint officers, ent 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. (w) 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. Fill vacancies in office in recess of senate. ers and duties of President. 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. SECTION 3. 1. He shall, from time to time, give to the congress information Further pow- 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. SECTION 4. 1. The President, Vice President, and all civil officers of the Civil officers United States, shall be removed from office on impeachment for, removable by and conviction of, treason, bribery, or other high crimes and misdeimpeachment. meanors. (x) (w) Some point of time must be taken when the power of the Executive over an officer, not removable at his will, must cease. That point of time must be when the constitutional power of appointment has been exercised. And the power has been exercised when the last act required from the person possessing the power, has been performed. This last act is the signature of the commission. An appointment thus conferred gives to the officer a legal right to the office, and having this legal right, he has a consequent right to the commission; a refusal to deliver which, is a plain violation of that right, for which the laws of the country afford him a remedy.-Marbury v. Madison, 1 Cranch, 137. (x) Wm. Blount, then a senator of the U. States, was impeached by the house of representatives in the year 1797; but the senate decided that he was not a civil officer within the meaning of this clause, and therefore not liable to impeach ARTICLE III.-SECTION 1. Judicial pow ers and tenure 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts, as the congress may of Judges. from time to time, ordain and establish. (y) The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour; and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. SECTION 2. 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 (2) 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; (a) to controversies to which the United States shall be a party; to controversies between ment. 2. In 1804, John Pickering, Judge of the District Court of the United States for New Hampshire, was impeached on four articles, and found guilty on all the charges by a constitutional majority of the senate, and sentence of removal from office pronounced against him. 3. In 1804 and 1805, an impeachment was instituted and tried against Samuel Chase, then one of the Judges of the Supreme Court of the U. States, on eight charges of misbehaviour in office, but he was acquitted, there not being a constitutional majority against him on any one article. (y) The constitutionality of the act of 8th of May, 1802, abolishing the system of Circuit Courts established by the act of 13th Feb. 1801, under which sixteen Circuit Judges had been appointed, was argued before the Supreme Court in 1803; but the case went off on different grounds. -Stuart v. Laird, 1 Cranch, 299. (2) In an action of ejectment between two citizens of Maryland, for a tract of land in Maryland, the defendant set up an outstanding title in a British subject, which he contended was protected by the treaty, and therefore, that the title was out of the plaintiff; and the highest court of Maryland decided against the title thus set up; this is not a case in which a writ of error under the 25th section of the act of 1789, can lie to the Supreme Court. That section giving jurisdiction, where is drawn in question the validity of a treaty, &c. is restrained by the Constitution to a case arising under a treaty.-Owings v. Norwood, 5 Cranch, 344. 2. The plaintiff in error was indicted in the Supreme Court of the county of Gwinnett in the state of Georgia, "for residing, on the 15th of Extent of the Judicial power. July, 1831, in that part of the Cherokee nation attached by the laws of Georgia to that county, without a license or permit from the Governor of the state, or from any one authorized to grant it, and without having taken the oath to support and defend the constitution and laws of the state of Georgia, and uprightly to demean himself as a citizen thereof, contrary to the laws of said state." To this he pleaded, that several treaties had been entered into by the United States with the Cherokee nation, by which that nation was acknowledged to be sovereign, and by which their territory was guarantied to them, and that the laws of Georgia were repugnant to these treaties, and to the act of Congress of March, 1802, and unconstitutional and void. The plea was overruled and the plaintiff sentenced to hard labour in the penitentiary for four years. Held, that this was a case in which the Supreme Court had jurisdiction by writ of error, under the 25th section of the judiciary act, as the validity of the treaties, or at least their construction, was drawn in question, and the decision was "against the right, privilege or exemption specially set up and claimed under them," and as the validity of a statute of the state of Georgia was also drawn in question, as being repugnant to the constitution, treaties and laws of the United States, and the decision, was in favour of its validity.-Worcester v. The State of Georgia, 6 Peters, 521. (a) The words of the constitution, declaring that "the judicial power shall extend to all cases of admiralty and maritime jurisdiction," must be taken to refer to the admiralty and maritime jurisdiction of England.-United States v. McGill, 4 Dall. 426–429. |