INDEX OF SOURCES

(Exercise on Article One.—Are the names in Section 1 new in American history? Can Congress constitutionally provide for woman suffrage by law? If a Senator from your State were to die to-morrow, how would his place be filled? Would it have been filled differently, if it had happened at any other time during the year? How long would the new Senator keep his seat? (The same questions as to a Representative.) How many Representatives has your State? When did it last gain or lose one? How many has the largest State in the Union (cf. World Almanac)? How many has the smallest State? Do you need a World Almanac to answer the last question? Under what possible conditions can the presiding officer of the Senate vote even when there is no tie? With what provision in Section 9 is the last paragraph of Section 3 logically connected?If a Representative utters plain treason on the floor of the House, can he be punished? How? Commit to memory Section 8. Make two questions upon naturalization and citizenship, based upon the note on page 556.Write appropriate headings for each section;e.g., for Section 8, "Powers of Congress.")

ARTICLE II

Section1. 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 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.

[The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant 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 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 shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Memberor Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.][178]

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 to 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, 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.[179]

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.[180]

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."

Section2. 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,[181]and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

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,[182]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 Lawvest 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.

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.

Section3. 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.

Section4. 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 Misdemeanours.

ARTICLE III

Section1. 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.

Section2. 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 betweentwo or more States;—between a State and Citizens or another State;[183]—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 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 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.[184]

(On the appellate jurisdiction, cf.American History and Government, §§ 207aand 217. Section 25 of the Judiciary Act of 1789, still in force, defines that jurisdiction as follows:"And be it further enacted, That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decisionin the suit could be had, when is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or when is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of such their validity; or when is drawn in question the construction of any clause of the Constitution, or of a treaty, or statute of, or commission held under, the United States, and the decision is against the title, right, privilege, or exemption, especially set up or claimed ... under such clause of the said Constitution, treaty, statute, or commission, may be re-examined, and revised or affirmed in the Supreme Court of the United States upon a writ of error. ..."On the establishment of "inferior courts," cf.American History and Government, § 217. Such courts at present (1913) are from the bottom up:—1.District Courts.Over ninety in 1911; the law of 1789 provided for thirteen.2.Circuit Courts.Nine, each three justices. The first law, 1789, provided three circuit courts, but no special circuit judges; a circuit court then consisted of a justice of the Supreme Court "or circuit" and one or more judges of district courts included within the circuit. This remained the rule with a brief attempt at change in 1801, as described in § 240, until 1866, when separate circuit justices were provided.3.Circuit Courts of Appeals.One for each of the nine circuits, composed of a justice of the Supreme Court and of other Federal judges—not less than three in all, and not including any justice from whose decision the appeal is taken. This order of courts was instituted in 1891, to relieve the Supreme Court which was then hopelessly overburdened with appeals from lower courts. In most cases, now, the decision of the circuit court of appeals is final.4.The Supreme Court.One Chief Justice and eight Associate Justices. Its business now is confined very largely to those supremely important matters specified in the Constitution and in the law of 1789 quoted above.There are also three special courts, somewhat outside this system: (1) the FederalCourt of Claims, to determine money claims against the United States, established in 1855; (2)Court of Customs Appeals, established in 1909; and (3)the Commerce Court, created in 1910, to revise the work of the Interstate Commerce Commission.)

(On the appellate jurisdiction, cf.American History and Government, §§ 207aand 217. Section 25 of the Judiciary Act of 1789, still in force, defines that jurisdiction as follows:

"And be it further enacted, That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decisionin the suit could be had, when is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or when is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of such their validity; or when is drawn in question the construction of any clause of the Constitution, or of a treaty, or statute of, or commission held under, the United States, and the decision is against the title, right, privilege, or exemption, especially set up or claimed ... under such clause of the said Constitution, treaty, statute, or commission, may be re-examined, and revised or affirmed in the Supreme Court of the United States upon a writ of error. ..."

On the establishment of "inferior courts," cf.American History and Government, § 217. Such courts at present (1913) are from the bottom up:—

1.District Courts.Over ninety in 1911; the law of 1789 provided for thirteen.

2.Circuit Courts.Nine, each three justices. The first law, 1789, provided three circuit courts, but no special circuit judges; a circuit court then consisted of a justice of the Supreme Court "or circuit" and one or more judges of district courts included within the circuit. This remained the rule with a brief attempt at change in 1801, as described in § 240, until 1866, when separate circuit justices were provided.

3.Circuit Courts of Appeals.One for each of the nine circuits, composed of a justice of the Supreme Court and of other Federal judges—not less than three in all, and not including any justice from whose decision the appeal is taken. This order of courts was instituted in 1891, to relieve the Supreme Court which was then hopelessly overburdened with appeals from lower courts. In most cases, now, the decision of the circuit court of appeals is final.

4.The Supreme Court.One Chief Justice and eight Associate Justices. Its business now is confined very largely to those supremely important matters specified in the Constitution and in the law of 1789 quoted above.

There are also three special courts, somewhat outside this system: (1) the FederalCourt of Claims, to determine money claims against the United States, established in 1855; (2)Court of Customs Appeals, established in 1909; and (3)the Commerce Court, created in 1910, to revise the work of the Interstate Commerce Commission.)

ARTICLE IV

Section 1.Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceeding 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.

Section 2.The Citizens of each State shall be entitled to all Privileges and immunities of Citizens in the several States.[185]

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.

[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.][186]

Section 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[187]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 4.The United States shall guarantee to every State in this Union a Republican Form of Government, andshall 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.

ARTICLE V[188]

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.

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 Constitution, 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 Judgesin every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.[189]

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.

(Exercise.—Write headings for each Article in the Constitution. Restate Sections 1 and 2 of Article IV in form appropriate for insertion in Section 10 of Article I. Cf. with corresponding provisions in the Articles of Confederation and in the Constitution of the New England Confederation. Can you restate Sections 3 and 4 so as to fit them for insertion under any preceding Article? Observe that Articles I, II, III, and V give the framework. Article VII, highly important at the time, had but temporary significance.)

AMENDMENTS

[i][190]

Congress shall make no law respecting an establishment of religion, or prohibiting 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.

[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.

[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.

[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 affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[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 to be twice put in 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.

[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.

[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.

[viii]

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

[ix]

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

[x][191]

The 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.

[xi][192]

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.

[xii][193]

The Electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, atleast, 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 President, 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 the 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 appointed; 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 President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the 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 Representatives 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 constitutional 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 numbers 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.

[xiii][194]

Section 1.Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.Congress shall have power to enforce this article by appropriate legislation.

[xiv][195]

Section 1.All persons born or naturalized in the United States, and subject 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 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.

Section 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 offices of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants 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.

Section 3.No person shall be a Senator or Representative in Congress, or elector of President and Vice President, orhold 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 support 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.

Section 4.The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation 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, obligations and claims shall be held illegal and void.

Section 5.The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

[xv][196]

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.

Section 2.The Congress shall have power to enforce this article by appropriate legislation.

[xvi][197]

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the States, and without regard to any census or enumeration.

[xvii][198]

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures.

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 vacancies: Provided, that the Legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as a part of the Constitution.

FOOTNOTES:[157]The Federalist side is presented in books which should be accessible in reference libraries, much more fully than can possibly be reproduced here. Space is given for only three documents which indicate something of the opposition.[158]"Necessary and proper." Mason almost alone saw the possibilities of change in this clause. Cf. No. 164 below.[159]Cf.American History and Government, § 211.[160]Ib., § 204a.[161]Modified by the Fifteenth Amendment; and cf.American History and Government, § 209[162]The abolition of slavery has rendered obsolete the clauses within brackets in this paragraph.[163]Cf.American History and Government, § 205b. The first census was taken in 1790, the second year of the new government, and one has been taken in the closing year of each decade since.[164]The First Congress made the number 33,000. It is now (1911) 193,284.[165]Superseded by the Seventeenth Amendment.[166]Precedents for this principle of "partial renewals" were found in several State Constitutions.[167]What is the antecedent?[168]A law of 1872 requires all Representatives to be chosen on "the Tuesday next after the first Monday in November" in each even-numbered year; and a law of 1871 had already ordered that all such elections should be by ballot. An Act of 1866 provided a uniform method of electing Senators: the legislation of each state (in which such an election is to be made) to vote firstin separate Houses, and, if no one candidate received a majority in each House, then thereafter injointsession, taking at least one ballot daily until some candidate received a majority, or until the legislative session came to an end without an election. Forty-seven years later (1913), this law was superseded by the Seventeenth Amendment.[169]How does this compare with the rule of the Articles of Confederation?[170]This paragraph, designed to prevent corruption by direct use of the executive patronage, was vehemently opposed by Hamilton and Gouverneur Morris. See also a similar clause in Articles of Confederation.[171]The first veto provision in a State Constitution (New York, 1777) ran as follows:—"Section III. And whereas laws inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly passed: Be it ordained that the governor for the time being, the chancellor, and the judges of the supreme court, or any two of them together with the governor, shall be and hereby are constituted a council to revise all bills about to be passed into laws by the legislature. ... [Provision for veto procedure and reconsideration in language essentially the same as in Massachusetts provision given below.]"And in order to prevent unnecessary delays, be it further ordained that if any bill shall not be returned by the council within ten days after it shall have been presented, the same shall be a law, unless the Legislature shall, by their adjournment, render a return of the said bill within ten days impracticable; in which case the bill shall be returned on the first day of the Legislature after the expiration of the ten days."The Veto Provision in the Massachusetts Constitution of 1780 ran:—"Article II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whatsoever the same shall have originated, who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve; but if after such reconsideration, two-thirds of the said senate or house of representatives shall, notwithstanding the objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, when it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of law; but in all such cases, the vote of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the said bill or resolve shall be entered upon the public records of the Commonwealth."And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of law."The Virginia Plan recommended essentially the New York method. The Massachusetts delegates at Philadelphia, however, contended strenuously for the plan in use in their State, and finally carried their point. The "pocket-veto" clause (the last provision of the text above) was original in the Federal Constitution.[172]Observe punctuation and paragraphing; and see for commentAmerican History and Government, § 204 a.[173]Citizenship, in practice, comes by birth or by admission by a court of record under authority of a law of Congress. Two classes of people are citizens by birth: (1) according to the Fourteenth Amendment, all who are born within the limits of the United States (except children of official representatives of foreign states, of a foreign army occupying part of our territory); (2) according to a law of Congress, all who are born of parents who are American citizens but who were temporarily residing abroad. No one not included in one of the above classes can become a citizen except by (1) a special Act of Congress, or (2) by admission by a court of record under authority of the general law passed by Congress. That law has varied from time to time (cf. index, for some of the more important variations); but the usual period of residence required for an alien, previous to admission, has been five years,—which is also the present requirement (1913). The present law (passed in 1906) requires also a two years' previous "notice of intention," and excludes all who cannot "speak" English (unless homesteaders), all polygamists, and all who disbelieve in "organized government." Some States, however, permit aliens to vote after receiving their "first papers,"—i.e., after making the preliminary "declaration of intention," before a clerk of court. The final admission rests with a judge,—whomaymake his examination of the applicant rigid or a mere matter of form. The power has been sometimes abused for political purposes, both in excluding and in admitting unfit aliens.[174]For comment and reference, seeAmerican History and Government, §§ 204b, 222, 280b. Cf. also with enumeration of powers in Articles of Confederation.[175]Modified, so far as "direct" income taxes are concerned, by the Sixteenth Amendment.[176]With what clause in Section 8 might this paragraph have been combined?[177]Additional prohibitions upon the States are contained in the Thirteenth, Fourteenth, and Fifteenth Amendments, just as certain additional prohibitions upon Congress are contained in Amendments 1-8. Compare with Section 10 the summary of prohibitions upon the State in the Articles of Confederation.[178]Superseded by Twelfth Amendment, which might have beensubstitutedfor this paragraph in the body of the document.[179]In 1792, Congress provided that the president pro tem of the Senate should be next in succession, and after him the Speaker of the House. In 1886 (Jan. 19), this undesirable law was supplanted by a new one, placing the succession (after the Vice President) in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretary of the Interior. Cannot the student see on what ground these officers are named in this order? Cf.American History and Government, § 215 and note. This provides securely against any interregnum, and (what is almost as important) against a transfer by accident to an opposite political party.[180]What is the antecedent of "them"? The salary of George Washington was fixed by the First Congress at $25,000. This amount remained unchanged until 1871, when it was made $50,000. In 1909, the salary was raised to $75,000. Large allowances are made also, in these latter days, for expenses of various sorts,—one item of $25,000 for instance, for traveling expenses,—which is the reason the salary is commonly referred to as $100,000.[181]For the development of the "Cabinet," cf.American History and Government, § 215.[182]Ib., § 214, for different views, at the beginning of the government, as to this clause, and for the settlement in practice.[183]Limited by the Eleventh Amendment to cases begun by a State as plaintiff. Cf.American History and Government, § 218.[184]The last three paragraphs of this section might have been included advantageously in a "bill of rights." What preceding paragraphs might have been so disposed of?[185]Extended by Fourteenth Amendment.[186]Superseded by Thirteenth Amendment so far as it relates to slaves.[187]On the significance of this language as to Territory, cf.American History and Government, § 260c.[188]Article V, as far as to the brackets, should be committed to memory. Note thefourvarieties of amendment provided. Only one has ever been used (1913). Congress has always proposed, and State legislatures ratified. On the amending clause in general, cf. index toAmerican History and Government.[189]On the history of this clause, cf. § 207a.[190]Originally, the first twelve amendments were not numbered in the official manuscripts.[191]These first ten amendments were in force after November 3, 1791. Cf. comment inAmerican History and Government, § 216. They are usually referred to as the Bill of Rights. It is a suggestive exercise to rewrite the "bill of rights," incorporating all those features of that character which are included in the body of the Constitution.[192]Proclaimed to be in force January 8, 1798. For the history, cf.Ib., § 217.[193]Proclaimed in force September 25, 1804. Cf.Ib., § 241.[194]Proclaimed in force December 18, 1865. On Amendments Thirteen to Fifteen inclusive, cf.Ib., §§377, 385 ff.[195]Proclaimed in force July 28, 1868.[196]Proclaimed in force March 30, 1870.[197]Ratified in 1913, while these pages were at press.[198]Ratified in 1913, while these pages were at press.

[157]The Federalist side is presented in books which should be accessible in reference libraries, much more fully than can possibly be reproduced here. Space is given for only three documents which indicate something of the opposition.

[158]"Necessary and proper." Mason almost alone saw the possibilities of change in this clause. Cf. No. 164 below.

[159]Cf.American History and Government, § 211.

[160]Ib., § 204a.

[161]Modified by the Fifteenth Amendment; and cf.American History and Government, § 209

[162]The abolition of slavery has rendered obsolete the clauses within brackets in this paragraph.

[163]Cf.American History and Government, § 205b. The first census was taken in 1790, the second year of the new government, and one has been taken in the closing year of each decade since.

[164]The First Congress made the number 33,000. It is now (1911) 193,284.

[165]Superseded by the Seventeenth Amendment.

[166]Precedents for this principle of "partial renewals" were found in several State Constitutions.

[167]What is the antecedent?

[168]A law of 1872 requires all Representatives to be chosen on "the Tuesday next after the first Monday in November" in each even-numbered year; and a law of 1871 had already ordered that all such elections should be by ballot. An Act of 1866 provided a uniform method of electing Senators: the legislation of each state (in which such an election is to be made) to vote firstin separate Houses, and, if no one candidate received a majority in each House, then thereafter injointsession, taking at least one ballot daily until some candidate received a majority, or until the legislative session came to an end without an election. Forty-seven years later (1913), this law was superseded by the Seventeenth Amendment.

[169]How does this compare with the rule of the Articles of Confederation?

[170]This paragraph, designed to prevent corruption by direct use of the executive patronage, was vehemently opposed by Hamilton and Gouverneur Morris. See also a similar clause in Articles of Confederation.

[171]The first veto provision in a State Constitution (New York, 1777) ran as follows:—"Section III. And whereas laws inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly passed: Be it ordained that the governor for the time being, the chancellor, and the judges of the supreme court, or any two of them together with the governor, shall be and hereby are constituted a council to revise all bills about to be passed into laws by the legislature. ... [Provision for veto procedure and reconsideration in language essentially the same as in Massachusetts provision given below.]"And in order to prevent unnecessary delays, be it further ordained that if any bill shall not be returned by the council within ten days after it shall have been presented, the same shall be a law, unless the Legislature shall, by their adjournment, render a return of the said bill within ten days impracticable; in which case the bill shall be returned on the first day of the Legislature after the expiration of the ten days."The Veto Provision in the Massachusetts Constitution of 1780 ran:—"Article II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whatsoever the same shall have originated, who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve; but if after such reconsideration, two-thirds of the said senate or house of representatives shall, notwithstanding the objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, when it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of law; but in all such cases, the vote of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the said bill or resolve shall be entered upon the public records of the Commonwealth."And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of law."The Virginia Plan recommended essentially the New York method. The Massachusetts delegates at Philadelphia, however, contended strenuously for the plan in use in their State, and finally carried their point. The "pocket-veto" clause (the last provision of the text above) was original in the Federal Constitution.

[171]The first veto provision in a State Constitution (New York, 1777) ran as follows:—

"Section III. And whereas laws inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly passed: Be it ordained that the governor for the time being, the chancellor, and the judges of the supreme court, or any two of them together with the governor, shall be and hereby are constituted a council to revise all bills about to be passed into laws by the legislature. ... [Provision for veto procedure and reconsideration in language essentially the same as in Massachusetts provision given below.]

"And in order to prevent unnecessary delays, be it further ordained that if any bill shall not be returned by the council within ten days after it shall have been presented, the same shall be a law, unless the Legislature shall, by their adjournment, render a return of the said bill within ten days impracticable; in which case the bill shall be returned on the first day of the Legislature after the expiration of the ten days."

The Veto Provision in the Massachusetts Constitution of 1780 ran:—

"Article II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whatsoever the same shall have originated, who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve; but if after such reconsideration, two-thirds of the said senate or house of representatives shall, notwithstanding the objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, when it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of law; but in all such cases, the vote of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the said bill or resolve shall be entered upon the public records of the Commonwealth.

"And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of law."

The Virginia Plan recommended essentially the New York method. The Massachusetts delegates at Philadelphia, however, contended strenuously for the plan in use in their State, and finally carried their point. The "pocket-veto" clause (the last provision of the text above) was original in the Federal Constitution.

[172]Observe punctuation and paragraphing; and see for commentAmerican History and Government, § 204 a.

[173]Citizenship, in practice, comes by birth or by admission by a court of record under authority of a law of Congress. Two classes of people are citizens by birth: (1) according to the Fourteenth Amendment, all who are born within the limits of the United States (except children of official representatives of foreign states, of a foreign army occupying part of our territory); (2) according to a law of Congress, all who are born of parents who are American citizens but who were temporarily residing abroad. No one not included in one of the above classes can become a citizen except by (1) a special Act of Congress, or (2) by admission by a court of record under authority of the general law passed by Congress. That law has varied from time to time (cf. index, for some of the more important variations); but the usual period of residence required for an alien, previous to admission, has been five years,—which is also the present requirement (1913). The present law (passed in 1906) requires also a two years' previous "notice of intention," and excludes all who cannot "speak" English (unless homesteaders), all polygamists, and all who disbelieve in "organized government." Some States, however, permit aliens to vote after receiving their "first papers,"—i.e., after making the preliminary "declaration of intention," before a clerk of court. The final admission rests with a judge,—whomaymake his examination of the applicant rigid or a mere matter of form. The power has been sometimes abused for political purposes, both in excluding and in admitting unfit aliens.

[174]For comment and reference, seeAmerican History and Government, §§ 204b, 222, 280b. Cf. also with enumeration of powers in Articles of Confederation.

[175]Modified, so far as "direct" income taxes are concerned, by the Sixteenth Amendment.

[176]With what clause in Section 8 might this paragraph have been combined?

[177]Additional prohibitions upon the States are contained in the Thirteenth, Fourteenth, and Fifteenth Amendments, just as certain additional prohibitions upon Congress are contained in Amendments 1-8. Compare with Section 10 the summary of prohibitions upon the State in the Articles of Confederation.

[178]Superseded by Twelfth Amendment, which might have beensubstitutedfor this paragraph in the body of the document.

[179]In 1792, Congress provided that the president pro tem of the Senate should be next in succession, and after him the Speaker of the House. In 1886 (Jan. 19), this undesirable law was supplanted by a new one, placing the succession (after the Vice President) in the following order: Secretary of State, Secretary of the Treasury, Secretary of War, Attorney-General, Postmaster-General, Secretary of the Navy, Secretary of the Interior. Cannot the student see on what ground these officers are named in this order? Cf.American History and Government, § 215 and note. This provides securely against any interregnum, and (what is almost as important) against a transfer by accident to an opposite political party.

[180]What is the antecedent of "them"? The salary of George Washington was fixed by the First Congress at $25,000. This amount remained unchanged until 1871, when it was made $50,000. In 1909, the salary was raised to $75,000. Large allowances are made also, in these latter days, for expenses of various sorts,—one item of $25,000 for instance, for traveling expenses,—which is the reason the salary is commonly referred to as $100,000.

[181]For the development of the "Cabinet," cf.American History and Government, § 215.

[182]Ib., § 214, for different views, at the beginning of the government, as to this clause, and for the settlement in practice.

[183]Limited by the Eleventh Amendment to cases begun by a State as plaintiff. Cf.American History and Government, § 218.

[184]The last three paragraphs of this section might have been included advantageously in a "bill of rights." What preceding paragraphs might have been so disposed of?

[185]Extended by Fourteenth Amendment.

[186]Superseded by Thirteenth Amendment so far as it relates to slaves.

[187]On the significance of this language as to Territory, cf.American History and Government, § 260c.

[188]Article V, as far as to the brackets, should be committed to memory. Note thefourvarieties of amendment provided. Only one has ever been used (1913). Congress has always proposed, and State legislatures ratified. On the amending clause in general, cf. index toAmerican History and Government.

[189]On the history of this clause, cf. § 207a.

[190]Originally, the first twelve amendments were not numbered in the official manuscripts.

[191]These first ten amendments were in force after November 3, 1791. Cf. comment inAmerican History and Government, § 216. They are usually referred to as the Bill of Rights. It is a suggestive exercise to rewrite the "bill of rights," incorporating all those features of that character which are included in the body of the Constitution.

[192]Proclaimed to be in force January 8, 1798. For the history, cf.Ib., § 217.

[193]Proclaimed in force September 25, 1804. Cf.Ib., § 241.

[194]Proclaimed in force December 18, 1865. On Amendments Thirteen to Fifteen inclusive, cf.Ib., §§377, 385 ff.

[195]Proclaimed in force July 28, 1868.

[196]Proclaimed in force March 30, 1870.

[197]Ratified in 1913, while these pages were at press.

[198]Ratified in 1913, while these pages were at press.

TheWritingsof statesmen or theRecordsof a colony are sometimes indexed twice,—once by title, under the name of the subject, and once by the name of the editor. The latter is done, however, only in cases where it is customary to quote the work with the editor's name, as withHening'sStatutes. Authors' and editors' names, when standing first, are inheavy-faced type. Titles, even when the work is indexed by title rather than by editor, are initalics. Each entry closes with a list of the selections in this volume which are based upon it. In many cases the introduction to the first number in each such list contains additional bibliographical material, when it seems worth while to present such material anywhere.

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