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ARTICLE IV. Recite the provision of this article against unreasonable searches. What restriction is placed upon the issuing of search warrants ?
ARTICLE V. What are the only cases in which a person can be held to answer for a capital or otherwise infamous crime, without indictment or presentment of a grand jury ! How
many times can a person be put in jeopardy of life or limb for the same offence? In what cases cannot a person be compelled to be a witness against himself? What is the only process by which a person can be deprived of life, liberty, or property? What provision is made in regard to taking private property for public use?
ARTICLE VI. Recite the provisions made in this article in favor of persons accused of crimes.
ARTICLE VII. What is the value in controversy beyond which, in suits at common law, the right of trial by jury is preserved? What is meant by “common law ?" Ans. It is the law which consists of maxims and customs deriving their force as law from immemorial usage.
Remark. The common law is called the
lex non scripta, unwritten law, in distinction from statute law, which is termed lex scripta, written law. It is, however, contained in books which relate what customs and
usages are become the law of the land. Statute law is necessarily written. The common law has been collected into books for convenience ; but it would be law just as truly if it were not so collected. It grew up in England, and constitutes the great body of the English law at this day. It has been adopted with such modifications as were necessary to suit it to our circumstances in all the states of this union except Louisiana. This state, like France and Spain, to whose dominion it was as a colony subject, has like them, the Roman or civil law as the basis of her jurisprudence. Since its cession to the United States, however, jury trials have been introduced, and portions of the common law adopted by statute.
By the rules of what law alone, can any fact tried by a jury be re-examined in the courts of the United States? In what cases do the courts of the United States not proceed according to the rules of the common law ? Ans. When sitting as courts of admiralty or as courts of equity.
Remark. In such cases the trial is without jury, and the forms of proceeding very differ, ent from those of the common law.
ARTICLE VIII. Recite this article. What is bail? Ans. The security required for the appearance at court of a person arrested before he can be permitted to go at large.
ARTICLE IX. Recite this article,
ARTICLE X. To whom are the powers not delegated to the United States by the constitu. tion, nor prohibited by it to the states, reserv, ed?
ARTICLE XI. Recite this article. When was this amendment proposed ? Ans. In 1794, at the second session of the third con. gress. What was the occasion of its being proposed ? Ans. A suit brought by an individual of the name of Chisholme against the state of Georgia, and decided in 1793, excited great discontent in that state.
Its legislature openly defied the authority of the United States court. It was considered to be incompatible with the dignity of the state sovereignties that they should be subject to be arraigned at the suit of individuals.
ARTICLE XII. What is the mode of choos. ing the president and vice-president of the
United States by the electors, as defined in this amendment? Where are the electors required to transmit certified, signed and sealed lists of the persons voted for? To whom must they be directed ? In whose presence is the president of the senate to open the certificates ? Which of the persons voted for as president is elected president ? Suppose no person has a number of votes equal to a majority of the whole number of electors appointed, how and by whom is the president to be chosen ? In choosing the president by the house of representatives, how are the votes taken ? What proportion of the states are necessary to con. stitute a quorum for this purpose ? What proportion is necessary for a choice? If the house of representatives do not choose a president whenever the right of choice devolves on them, before the 4th of March next following, who is to act as president ?
Which of the persons voted for as vice-president is elected ? If no person have a majori. ty, how and by whom is the vice-president to be chosen ? What proportion of the whole number of senators is necessary to constitute a quorum for this purpose ? What proportion is
necessary for a choice ?
What qualifications for the vice-president are required by this amendment to the constitution?
[The following paragraph is a part of the constitution as originally adopted. It followed the paragraph in Article II. Sec. 1, which speaks of the electors of president and vicepresident. At the first session of the eighth congress the 12th amendment was proposed, which being subsequently adopted, annulled this clause of the constitution. At the election of 1801, the votes for Mr. Jefferson and Mr. Burr were equal. The same thing was likely to occur in future.
The 12th amendment was therefore adopted, chiefly for the purpose of making it necessary to designate upon the bal. lots, who was intended for president, and who for vice-president.)
6 The electors shall meet in their respective states, and vote by ballot for two persons, one of whom 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 seal. ed to the seat of the government of the United