The Senate to

Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North
Carolina five, South Carolina five, and Georgia three.(a)
When vacancies happen in the representation from any State, the

Vacancies in

the representaExecutive authority thereof shall issue writs of election to fill such va

tion, how filled. cancies.

The House of Representatives shall choose their speaker and other Speaker and officers; and shall have the sole power of impeachment.

officers of H. R.

Impeachment. § 3. The Senate of the United States shall be composed of two Senate, how Senators from each State, chosen by the Legislature thereof, for six composed. Sen. years; and each Senator shall have one vote.

ators, how cho. Immediately after they shall be assembled, in consequence of the first Each Senator election, they shall be divided as equally as may be into three classes. to have one vote.

One third of the The seats of the Senators of the first class shall be vacated at the expi

Senators to be ration of the second year, of the second class at the expiration of the chosen every fourth year, and of the third class at the expiration of the sixth year, so

second year.

Vacancies dur. that one third may be chosen every second year; and if vacancies hap

ing recess of the pen by resignation, or otherwise, during the recess of the Legislature of Legislature of a any State, the Executive thereof may make temporary appointments until State. How the next meeting of the Legislature, which shall then fill such vacancies. filled. No person shall be a Senator who shall not have attained to the


Qualifications of thirty years, and been nine years a citizen of the United States, and of Senators. who shall not, when elected, be an inhabitant of that State for which he Vice President shall be chosen.

of U. S. presi

dent of Senate. The Vice President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided.

choose their offi. The Senate shall choose their other officers, and also a president pro cers. President tempore, in the absence of the Vice President, or when he shall exer

pro tempore.

The Senate to cise the office of President of the United States.

have the sole The Senate shall have the sole power to try all impeachments. When power to try imsitting for that purpose, they shall be on oath or affirmation. When


When the Presi. the President of the United States is tried, the Chief Justice shall pre- dent of U. 8. is side; and no person shall be convicted without the concurrence of two tried, the Chief

Justice shall thirds of the members present.

preside. Judgment in cases of impeachment shall not extend further than to

Judgment in removal from office, and disqualification to hold and enjoy any office of case of impeach.

Party honour, trust or profit, under the United States; but the party convicted

convicted sub. shall nevertheless be liable and subject to indictment, trial, judgment, ject to indict. and punishment according to law.

ment at law.

and § 4. The times, places and manner of holding elections for Senators

places for hold. and Representatives, shall be prescribed in each State by the Legisla- ing elections. ture thereof; but the Congress may at any time by law make or alter Congress may

at anytime make such regulations, except as to the places of choosing Senators.

or alter regula. The Congress shall assemble at least once in every year, and such tions made by meeting shall be on the first Monday in December, unless they shall by the States, ex

cept as to the law appoint a different day.

places of choos$ 5. Each House shall be the judge of the elections, returns, and ing Senators. qualifications of its own members, and a majority of each shall consti- Congress

assemble once tute 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 Each House



to Each House

a year.

(a) South Carolina adopted the Constitution by a convention called in November, 1789. Rhode Island, by a convention held in May, 1790, assented to the Constitution. Kentucky was admitted into the Union, June 1, 1792. Vermont was admitted into the Union, March 4, 1791. Tennessee was ad. mitted into the Union, June 1, 1796. Ohio was established as a state of the Union, by act of April 30, 1902. Louisiana was admitted into the Union, April 30, 1812. Indiana was admitted into the Union, December 11, 1816. Mississippi was admitted into the Union, December 10, 1817. Illinois was admitted into the Union, December 3, 1818. Alabama was admitted into the Union, December 14, 1819. Maine was admitted into the Union by an act of Congress, passed March 3, 1820. Missouri was admit. ted into the Union, March 2, 1821. Arkansas was admitted into the Union, June 15, 1836. Michigan was admitted into the Union, January 26, 1837. North Carolina became a member of the Union, before June 4, 1790. Iowa and Florida were authorized to become states of the Union, by act of March 3, 1845, chap. 48.

to be the judge members, in such manner, and under such penalties, as each House of the elections,

may provide. returns, and qualifications of

Each House may determine the rules of its proceedings, punish its its members. A members for disorderly behaviour, and, with the concurrence of two majority to form

thirds, expel a member. a quorum, Rules of pro.

Each House shall keep a journal of its proceedings, and from time to ceeding. time publish the same, excepting such parts as may, in their judgment, to keep a jour. require secrecy; and the yeas and nays of the members of either House nal. Yeas and on any question, shall, at the desire of one fifth of those present, be ennays.

tered on the journal. Adjournments Neither House, during the session of Congress, shall, without the of the Houses of

consent of the other, adjourn for more than three days, nor to any Congress.

other place than that in which the two Houses shall be sitting. Compensation $ 6. The Senators and Representatives shall receive a compensation of the Senators for their services, to be ascertained by law, and paid out of the Treatatives. Privi- sury of the United States. They shall, in all cases, except treason, leged from ar. felony, and breach of the peace, be privileged from arrest during their rest, with excep. attendance at the session of their respective Houses, and in going to, tions. Not to be questioned in and returning from, the same; and for any speech or debate in either any other place House, they shall not be questioned in any other place. for any speech

No Senator or Representative shall, during the time for which he was or debate in either House. elected, be appointed to any civil office under the authority of the Uni

Appointment ted States, which shall have been created, or the emoluments whereof to office of Sen. shall have been increased during such time; and no person holding any sentatives. "No office under the United States, shall be a member of either House durperson holding ing his continuance in office. any office under the U.S. to be a

§ 7. All bills for raising revenue shall originate in the House of member of either Representatives; but the Senate may propose or concur with amendHouse during ments as on other bills. his continuance in office,

Every bill which shall have passed the House of Representatives and Bills for rais. the Senate, shall, before it become a law, be presented to the President ing revenue. of the United States; if he approve he shall sign it, but if not he shall

. ing passed Con* return it, with his objections, to that House in which it shall have origigress, to be pre- nated, who shall enter the objections at large on their journal, and prosented to the ceed to reconsider it. If after such reconsideration two thirds of that President. Pro- House shall agree to pass the bill, it shall be sent, together with the ceedings when the President objections, to the other House, by which it shall likewise be reconsidered, disapproves. 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 determined 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 manner 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, Every order, resolution, or vote, to which the concurrence of the resolution, or Senate and House of Representatives may be necessary, (except on a vote, of both Houses (except

question of adjournment,) shall be presented to the President of the a question United States; and before the same shall take effect, shall be approved of adjournment

) by him, or being disapproved by him, shall be re-passed by two thirds to be presented of the Senate and House of Representatives, according to the rules and to the President of the U, S. limitations prescribed in the case of a bill. Powers of

$ 8. The Congress shall have power(a) Congress.


(a) Congress must possess the choice of means, and must be empowered to use any means, which are in fact conducive to the exercise of a power granted by the Constitution. United States v. Fisher, et al.; Assignees of Blight, 2 Cranch's Rep. 358; 1 Cond. Rep. 421.


To lay and collect taxes, duties, imposts and excises,(a) to pay the

To lay taxes,

and provide debts, and provide for the common defence and general welfare of the

for the common United States; but all duties, imposts, and excises shall be uniform defence throughout the United States :(6)

welfare. Duties

to be uniform. To borrow money on the credit of the United States : To regulate commerce with foreign nations, and among the several

money. States, and with the Indian tribes :(c)

To regulate To establish an uniform rule of naturalization,(d) and uniform laws

Naturalization, on the subject of bankruptcies throughout the United States :(e) Bankruptcies.

To borrow


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 exclusive 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 exer. cise of it by the States. 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 located for forts, arsenals, dock-yards, &c.; of the second class, of 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 naturali. zation, and the delegation of admiralty and maritime jurisdiction. In all other cases the States retain concurrent authority with Congress. Houston v. Moore, 5 Wheat, 1; 4 Cond. Rep. 589.

An act of Congress repugnant to the Constitution cannot become the law of the land. Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep. 267.

The mere grant of power to Congress does not imply a prohibition on the States to exercise the same power. Whenever the terms in which such a power" is granted to Congress require that it should be exercised exclusively by Congress, the subject is as completely taken from the State legislatures, as if they had been expressly forbidden to act upon it. Sturges v. Crowninshield, 4 Wheat. 122: 4'Cond. Rep. 409.

(a) The power of Congress to levy and collect taxes, duties, imposts, and excises, is co-extensive with the territory of the United States. Loughborough v. Blake, 5 Wheat. 317; 4 Cond. Rep. 660.

The power of Congress to exercise exclusive legislation, in all cases whatever, within the District of Columbia, includes the power of taxing it. Ibid.

The authority of Congress to lay and collect taxes, does not interfere with the power of the States to tax for the support of their own governments; por is the exercise of that power by the States, an eser. cise of any portion of the power that is granted to the United States. Gibbons v. Ogden, 9 Wheat. 1; 5 Cond. Rep. 562.

(0) The constitutional provision that direct taxes shall be apportioned among the several States, ac. cording to their respective numbers, to be ascertained by a census, was not intended to restrict the power of imposing direct taxes to States only. Loughborough v. Blake, 5 Wheat. 317; 4 Cond. Rep. 660.

(c) An act of Congress, laying an embargo for an indefinite period of time, is constitutional and valid. The United States v. The William, 2 Hall's Am. Law Jour. 255.

The power of regulating commerce extends to the regulation of navigation. Gibbons v. Ogden, 9 Wheat, 1; 5 Cond. Rep. 562.

The power to regulate commerce extends to every species of commercial intercourse between the United States and foreign nations, and among the several States. It does not stop at the external boun. dary of a State ; but it does not extend to a commerce which is completely internal. Ibid.

The power to regulate commerce is general, and has no limitations hut such as are prescribed by the Constitution itself. This power, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State. Ibid.

The power of regulating commerce extends to navigation carried on by vessels employed in transporting passengers. Ibid.

All those powers which relate to merely municipal legislation, or which may be properly called inter. nal police, are not surrendered (by the States) or restrained, and consequently in relation to those the authority of a State is complete, unqualified, and exclusive. The City of N. York v. Miln, 11 Peters, 102.

The act of the legislature of New York passed February 1824, entitled, • An Act concerning passengers in vessels arriving in the port of New York,” is not a regulation of commerce, but of police; and being 80,

it was passed in the exercise of a power which belonged to that State. Ibid.

The power to regulate commerce, includes the power to regulate navigation, as connected with the commerce with foreign nations and among the States. It does not stop at the mere boundary line of a State, nor is it confined to acts done on the waters, or in the necessary course of the navigation thereof. It extends to such acts done on the land, which interfere with, obstruct, or prevent the due exercise of the powers to regulate commerce and navigation with foreign nations, and among the States. Any offence which thus interferes with, obstructs, or prevents such commerce and navigation, though done on land, may be punished by Congress, under its general authority to make all laws necessary and proper to execute their delegated constitutional powers. The United States v. Lawrence Coombe, 12 Peters, 72.

Persons are not the subjects of commerce, and not being imported goods, they do not fall within the meaning founded upon the Constitution, of a power given to Congress, to regulate commerce, and the prohibition of the States for imposing a duty on imported goods. Ibid.; Gibbons v. Ogden, 9 Wheat. 1; 5 Cond. Rep. 562.

(d) Under the Constitution of the United States, the power of naturalization is exclusively in Con. gress. Chirac v. Chirac, 2 Wheat. 259 ; 4 Cond. Rep. 111; Houston v. Moore, 5 Wheat. 1; 4 Cond. Rep. 589. (e) The powers of Congress to establish uniform laws on the subject of bankruptcy throughout the




To coin mo. To coin money, regulate the value thereof, and of foreign coin, and ney. To fix the fix the standard of weights and measures : standard of weights and To provide for the punishment of counterfeiting the securities and

current coin of the United States : To punish

To establish post-offices and post-roads : counterfeiters.

Post-offices. To promote the progress of science and useful arts, by securing, for

To promote limited times, to authors and inventors, the exclusive right to their rethe progress of spective writings and discoveries : useful arts.

To constitute tribunals inferior to the Supreme Court: Inferior tribu. To define and punish piracies and felonies committed on the high nals. Piracies on

seas, and offences against the law of nations :(a) the high seas. To declare war, grant letters of marque and reprisal, and make rules

To declare concerning captures on land and water:
To raise ar.

To raise and support armies : but no appropriation of money to that mies.

use shall be for a longer term than two years : Navy, &c. To provide and maintain a navy: Government of To make rules for the government and regulation of the land and nathe army and val forces : navy. Militia.

To provide for calling forth the militia to execute the laws of the

Union, suppress insurrections and repel invasions : For the orga

To provide for organizing, arming, and disciplining the militia, and nization, &c. of 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 (6) Exclusive Le. gislation over

To exercise exclusive legislation, in all cases whatsoever, over such seat of govern. district (not exceeding ten miles square) as may by cession of particuof the U. S. lar States, and the acceptance of Congress, become the seat of the govern

Exclusive au. thority over pla. ment of the United States, and to exercise like authority over all places ces purchased purchased by the consent of the legislature of the State in which the with the con. same shall be, for the erection of forts, magazines, arsenals, dock-yards, sent of States. To make laws

and other needful buildings. And, for carrying in- To make all laws which shall be necessary and proper for carrying to execution all into execution the foregoing powers, and all other powers vested by this powers vested in government

Constitution in the government of the United States, or in any departof U, S. ment or officer thereof.(c)

Migration or $ 9. The migration or importation of such persons as any of the importation of

States now existing shall think proper to admit, shall not be prohibited persons.

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. United States, does not exclude the right of the States to legislate on the same subject, except when the power is actually exercised by Congress, and the State laws conflict with those of Congress. Ogden v. Saunders, 12 Wheat. 213; 6 Cond. Řep. 523; Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409.

Since the adoption of the Constitution of the United States, a state has authority to pass a Bankrupt law, provided such law does not impair the obligation of contracts; and provided there be no act of Con. gress in force to establish a uniform system of bankruptcy, conflicting with such law. Sturges v. Crowninshield, 4 Wheat. 122 ; 4 Cond. Rep. 409.

(a) The act of the 3d March, 1819, chap. 76, sec. 5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to define and punish that crime. United States v. Smith, 5 Wheat. 153 ; 4 Cond. Rep. 619. See also United States v. Palmer, 3 Wheat. 610; 4 Cond. Rep. 352.

(6) The act of Congress of Feb. 28, 1795, to provide for the calling out the militia to execute the Jaws of the Union, suppress insurrections, and repel invasions, is within the constitutional powers of Congress. Martin v. Mott, 12 Wheat. 19; 6 Cond. Rep. 410.

(c) Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the Constitution. United States v. Fisher et al., 2 Cranch, 358 ; 1 Cond. Rep. 421. Van Horne's Lessee v. Dorrance, 2 Dall. 304; Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep. 267, 268. The United States v. Bevans, 3 Wheat. 336; 4 Cond. Rep. 275. McCulloch v. Maryland, 4 Wheat. 316; 4 Cond. Rep. 466. United States v. Tingey, 5 Peters, 115. Anderson v. Dunn, 6 Wheat. 204. Dugan v. The United States, 3 Wheat. 172; 4 Cond. Rep. 223. The Exchange, 7 Cranch, 116; 2 Cond. Rep. 439. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. Harrison v. Sterry, 5 Cranch, 289 ; 2 Cond. Rep. 260. Postmaster General v. Early, 12 Wheat. 136; 6 Cond. Rep. 480.

The privilege of the writ of habeas corpus shall not be suspended, Writ of Ha. unless when in cases of rebellion or invasion the public safety may re

beas Corpus. quire it.(a)

Bills of attain. No bill of attainder or ex post facto law shall be passed. (6)

der, or ex post

facto lawg. No capitation, or other direct tax, shall be laid, unless in proportion Capitation or to the census or enumeration herein before directed to be taken.

other direct tax. No tax or duty shall be laid on articles exported from any State. No

No tax or du.

ty on articles preference shall be given by any regulation of commerce or revenue to exported from the ports of one State over those of another; nor shall vessels bound to, any State.

No preference or from, one State be obliged to enter, clear, or pay duties in another.

to ports of one No money shall be drawn from the treasury, but in consequence of State over ano. appropriations made by law; and a regular statement and account of the ther. receipts and expenditures of all public money shall be published from drawn from the time to time.

treasury but by No title of nobility shall be granted by the United States; and no law. Receipts

and expendi. person holding any office of profit or trust under them, shall, without

tures published, the consent of the Congress, accept of any present, emolument, office, or No title of title of any kind whatever, from any king, prince, or foreign state. nobility to be

$ 10. Ño State shall enter into any treaty, alliance, or confedera- granted. tion; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; (c) pass any bill of attainder, er post facto law, or law impairing the obligation of contracts, or grant any title of nobility.(d)

No State shall, without the consent of the Congress, lay any imposts Limitation of or duties on imports or exports, except what may be absolutely neces- the powers of sary 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.(e) 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

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

power vested in Arr. II. 1. The executive power shall be vested in a President of a President of the United States of America. He shall hold his office during the term the U.S. Puraof four years, and together with the Vice President, chosen for the tion of office, same term, be elected as follows:

(a) Ex parte Burford, 3 Cranch, 448. Ex parte Bollman, 4 Cranch, 75; 2 Cond. Rep. 33. Ex parte Kearney, 7 Wheat. 38; 5 Cond. Rep. 225. Ex parte Tobias Watkins, 3 Peters, 193. Ex parte Milburn, 9 Peters, 704. Martin v. Mott, 12 Wheat. 19; 6 Cond. Rep. 410.

(6) The prohibition of the Federal Constitution of ex post facto laws extends to penal statutes only; and does not extend to cases affecting only the civil rights of individuals. Calder et al. v. Bull, 3 Dall. 386; 1 Cond. Rep. 172. Fletcher v. Peck, 6 Cranch, 87; 2 Cond Rep. 308. Ogden v. Saunders, 12 Wheat. 213; 6 Cond. Rep. 523.

(C) Briscoe u. The Bank of the Commonwealth of Kentucky, 11 Peters, 257, Craig v. The State of Missouri, 4 Peters, 431. Sturges v. Crowninshield, 4 Wheat. 122 ; 4 Cond. Rep. 409. Ogden v. Saun. ders, 12 Wheat. 213; 6 Cond. Rep. 523. Cooper v. Telfair, 4 Dall. 14; 1 Cond. Rep. 211.

(d) If any act of the legislature is repugnant to the Constitution, it is, ipso facto, void ; and it is the duty of the cour so to declare it. Vanhorne's Lessee v. Dorrance, 2 Dall. 304.

The Constitution fixes the limits to the exercise of legislative authority, and prescribes the orbit in which it must move. Whatever may be the case in other countries, yet here there can be no doubt that any act of the Legislature repugnant to the Constitution is absolutely void. Ibid. Fletcher v. Peck, 6 Cranch, 87; 2 Cond. Rep. 308.

The legislature of a state can pass no ex post facto law. An ex post facto law is one which renders an act punishable, which was not punishable when it was committed. Ibid. Houston v. Moore, 5 Wheat, 1 ; 4 Cond. Rep. 589.

The invalidity of a state law, as impairing the obligation of contracts, does not depend on the extent of the change which the law effects in the contract. Green v. Biddle, 8 Wheat. 1 ; 5 Cond. Rep. 369. Briscoe v. The Bank of the Commonwealth of Kentucky, 11 Peters, 257. New Jersey v. Wilson, 7 Cranch, 164; 2 Cond. Rep. 457. Terrett v. Taylor, 9 Cranch, 43; 3 Cond. Rep. 254. Trustees of Dart. mouth College v. Woodward, 4 Wheat. 518; 4'Cond. Rep. 526. The Proprietors of the Charles River Bridge o. The Proprietors of the Warren Bridge, 11 Peters, 420. Sturges v. Crowninshield, 4 Wheat. 122; 4 Cond. Rep. 409. Hawkins v. Barney's Lessee, 5 Peters, 456. Mason v. Haile, 12 Wheat. 370; 6 Cond. Rep. 535. Farmers' and Mechanics' Bank v. Smith, 6 Wheat. 131; 5 Cond. Rep. 35. Satterlee v. Matthewson, 2 Peters, 380. Wilkinson v. Leland, 2 Peters, 627.

(e) Brown v. The state of Maryland, 12 Wheat. 419; 6 Cond. Rep. 554.

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