« ZurückWeiter »
the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings. (1)*
63. The congress may determine the time of choosing the electors of president and vice-president, and the day on which they shall give their votes ; which day shall be the same throughout the United States.(2)
64. 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.(3)
65. Full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings 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.(4)
66. 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 (5)
(1) Con. Art. 1. sect. 8.
(4) Ibid. Art. 4. sect. 1. (2) Ibid. Art. 2.
(5) Ibid. Art. 4. (3) Ibid. Art. 3. sec. 3.
As the legislature of the union, and in no other character, congress exercises exclusive legislation over the district of Columbia, become the seat of government.-Cohens v. Virginia, 6 Wheat. 264.
A law enacted in pursuance of this power, is the supreme law of the land, and a state law to defeat it is void. But to make such act operative beyond the district, it must contain words indicative of such intention; it will be considered local, unless a contrary construction be essential to its execution.—Cohens v. Vir. ginia, 6 Wheat. 264.
The power of congress to legislate exclusively within any place ceded by a state, carries with it the right to make that power effectual. They may provide by law, for the apprehension of one who escapes from such place after committing a felony; for conveying him to or from any other place for trial or execution; or for conveying his body, after execution, and punishing one who rescues it: they may punish those, for misprison of felony, who, out of a fort, conceal a felony committed with it.-Cohens v. Virginia, 6 Wheat. 264.
Congress may lay duties, imposts, and excises, on the district of Columbia and the territories of the United States; and may levy a direct tax upon them in proportion to the census, but is not obliged to extend such tax to them.-Loughborough v. Blake, 5 Wheat. 317.
To give the United States exclusive legislation and jurisdiction over any place in a particular state, there must be a free cession thereof, for one of the purposes specified in the foregoing clause of the constitution: such legislation and jurisdiction cannot be acquired tortiously, as by disseizin of the state, nor by occupancy with its tacit consent. The People v. Godfrey, 17 John. Rep. 225. Comth. v. Young, 1 Hall's Journal of Jurisprudence 47.
When a place has been purchased by the United States for the erection of a fort, with the consent of a state, the jurisdiction of the state ceases therein, and the inhabitants of such place cannot exercise therein any civil or political privi. leges under the laws of the state, not being subject to such laws, nor bound to pay taxes imposed by their authority.—Comth. v. Clary, 8 Mass. Rep. 72.
But where cessions have been, or may be, made by any state, of the jurisdicdiction of places, where light houses, beacons, buoys, or public piers, are or may be erected, with reservation that process, civil and criminal, of such state, may be executed therein, such cessions are sufficient under the laws of the United States, providing for the supporting or erecting of light houses, beacons, buoys, and pubfic piers.-Act March 2, 1795, sec. 1.
But where any state has made, or may make, a cession of jurisdiction for such purposes, without reservation, all process of the state, or of the United States, may be executed in places so ceded, as if no cession had been made.- Act March 9, 1795, sec. 2.
67. The congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States. And nothing in the constitution shall be so construed, as to prejudice any claims of the United States, or of any particular state.(1)
68. The United States shall guarantee to every state in this union, a republican form of government; and shall protect each of them against invasion; and on application of the legislature, or of the executive, (when the legislature cannot be convered,) against domestic violence.(1)
69. The congress, whenever two-thirds of both houses shall deem it ne. cessary, shall propose amendments to this constitution ; or, on the applica. tion of the legislature 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 le. gislatures of three-fourths of the several states, or by convention in threefourths 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 ; (Art. 70, 73, infra,) and that no state, without its consent, shall be deprived of its equal suffrage in the senate.(2)*
Congress have power to make all laws which shall be necessary and proper for carrying into execution (the powers given by the constitution) and thereby vested in the government of the United States, or in any department, or office thereof.(3) (1) Con. Art. 4.
(3) Con. Art. 1. sec. 8. cl. 18. (2) Con. Art. 5.
It is not necessary that an amendment to the constitution, proposed in congress, and adopted by two-thirds of both houses, should be submitted to the president for his approbation.—Hollingsworth v. Virginia, 3 Dall. 378.
✓ The word “necessary,” in the foregoing article means needful, requisite, essential, conducive to, and gives to congress the choice of the means best calculated to exercise the powers they possess.—M'Cullough v. Maryland, 4 Wheat. 413. United States v. Fisher, 2 Cranch 358, 396. Martin's lessee v. Hunter, 3 Wheat. 304.
Hence, congress bave power to infict punishment in cases not specified by the constitution; such power being implied as necessary and proper to the sanction of the laws, and the exercise of the delegated powers.—Ib. ib. Ex parte Bollman, 4 Cranch, 146. U. S. v. Bevans, 3 Wheat. 336.
To exact an oath of office, in addition to the oath of fidelity prescribed by the constitution.—M'Cullough v. Maryland, 4 Wheat. 415.
To punish larceny of letters from the post office, or robbery of the mail.'Cullough v. Maryland, 4 Wheat. 417.
To create corporations and establish a bank; but such corporation must be necessary and proper for carrying into effect the powers vested in the government of the United States.-M‘Cullough v. Maryland, 4 Wheat. 417. Osborne v. United States Bank, 9 Cranch, 374.
To secure to the United States a priority of payment from the effects of an insolvent debtor.—United States v. Fisher, 2 Cranch, 159. United States v. Bryan, 9 Cranch, 374.
Hence also, the power of either house to punish by imprisonment or any commutation therefor, a breach of its privileges, or contempt against it wherever committed in the United States; and to issue process for arresting the offender; without having first by law defined contempts, or ascertained their punishment ; modes of contempt not being susceptible of legislative definition. But imprisonment imposed by either house, endures only for the session of congress.-Anderson v. Dunn, 6 Wheat. 227, 228.
Congress may make the revival of an act depend upon a future event, and direct that event to be made known by proclamation. And when an act of congress is revived by a subsequent act, it is revived precisely in that form and with that effect, which it had at the moment when it expired. ---Cargo of brig Aurora v. United States, 7 Cranch, 383.
78 suspend habeas corpus
79 pass attainder or ex post facto authorize searches, seizures and laws
80 lay direct taxes
impair trial by jury-privileges lay export duties
81 draw money from treasury 75 In case of bail and fines grant title of nobility, &c. 76 Powers reserved to the people and interfere with religion or the
77 Art. 70. The migration or importation of such persons as any of the states now existing (at the time of the adoption of the constitution] shall think proper to admit, shall not be prohibited by 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.(1)
71. The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require it.(1)
72. No bill of attainder, or ex post facto law shall be passed.(1)*
73. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration directed to be taken by the constitution.(1)
74. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from one state be obliged to enter, clear, or pay duties in another.(1) 75. No money shall be drawn from the treasury, but in consequence
of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.(1)
76. No title of nobility shall be granted by the United States : And no person holding any office of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state (1)
77. Congress shall make no law respecting the 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.(2)
78. 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.(3)
79. No soldier shall, in time of peace, be quartered in any house without
(1) Con. Art. 1. sec. 9.
(3) Amend. Con. Art 2. (2) Ancnd. Con. Art, 1.
The prohibition to pass ex post facto laws, applies exclusively to criminal or penal cases. A law which makes penal an act innocent at the time of its commission; which aggravates an offence after it has been done ; which increases the punishment after it has been committed; which alters the legal rules of evidence, requiring less or different testimony to convict the offender than was requisite when the offence was committed, is an ex post facto law. But no law is ex post facto that softens the rigour of the criminal law, or that relates to civil cases merely affecting property.--Calder v. Bull, 3 Dall. 386. United States v. Schooner Peggy. 1 Cranch, 109. Cooper v. Tellfair, 4 Dall. 14. Watson & al. v. Mercer, 8 Pet. 88.
† Direct taxes are two, a capitation or poll tax, and a land tax.-Hylton v. United States, 3 Dall. 171.
the consent of the owner; nor in time of war, but in a manner to be prescribed by law.(1)
80. 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.(2)
81. No person shall be held to answer for a capital or otherwise infamous crime, unless on 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 ofience 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.(3)*
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 accu. sation; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence.(4)
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. common law.(5)
82. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.(6)
83. The enumeration in the constitution of certain rights shall not be con. strued to deny or disparage others retained by the people.(7)
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.(8)
Restrictions on the Power of the States.t ART. 84. No state shall enter into any treaty, alliance, or confederation ; 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 ; pass
(1) Amend. Con. Art. 3.
(6) Ibid. Art. 8. (2) Ibid. Art. 4.
(7) Ibid. Art. 9. (3) Ibid. Art. 5.
(8) Ibid. 10. Martin v. Hunter's lessee, (4) Ibid. Art. 6.
1 Wheat. 304, 323, 352. (5) Ibid. Art. 7.
• The provision in the above article, that private property shall not be taken for public use, without just compensation, is intended solely as a limitation on the exercise of power by the government of the United States ; and is not applicable to the legislation of the states.—Barron v. the Mayor and City Council of Baltimore, 7 Peters, 243.
The sovereign powers vested in the state governments by their respective constitutions, remain unaltered and unimpaired, except so far as they are granted to the government of the United States.-Martin v. Hunter's lessee, 1 Wheat. 304, 323, 352.
any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility (1)
85. No state shall, without the consent of congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; 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 congress.(2)
86. No state shall, without the consent of congress, lay any duty of ton. nage, 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.(2)*
(2) Con. Art. 1. sect. 10. cl. 2.
(1) Con. Art. 1. sec. 10. cl. 1. See Craig & al. v. the state of Missouri, 4 Pet. 411.
• The statute of a state requiring all importers of foreign goods by the bale or package, &c. and other persons selling the same by wholesale, bale or package, &c. to take out a license, for which they shall pay $50, and in case of neglect or refusal to take out such license subjecting them to penalties is repugnant to this provision of the constitution, and also to that which gives congress power to regulate commerce with foreign nations among the several states, and with the Indian tribes.—Brown & al. v. Maryland, 12 Wheat. 419.
A law or resolution of a state legislature granting a new trial or rehearing of a cause before the judiciary in conformity to the constitution and usages of such state, is not ex post facto in the sense of the foregoing clause of the constitution of the United States.-Calder v. Bull, 3 Dall. 386, 396, 398.
But, when a law is in the nature of a contract, and absolute rights have vested under it, a repeal of the law cannot devest such rights.-Fletcher v. Peck, 6 Cranch, 87, 127, 131.—Town of Paulet v. Black, 9 Cranch, 292, 322, 333.
And a grant by the legislature of a state to private individuals of lands belonging to its public domain, is a contract, the obligation of which cannot be impaired by a subsequent legislature.—Society v. N. Haven, 8 Wheat. 464.
And contracts, whether executory or executed, are comprehended by Art. 1. See 10 of the constitution. (Art. 84, supra.)-Green v. Biddle, 8 Wheat. 92.
If land granted by a state, pass to a purchaser for a valuable consideration with. out notice, such state is restrained by general principles, and by the provisions of the constitution of the United States, from enacting å law impairing or annulling its grant.-Fletcher v. Peck, 6 Cr. 87.
A law of a state declaring certain lands purchased for the use of the Indians, in consideration of their relinquishment of their title to other lands, exempt from tax. ation, and unalienable by the Indians without the authority of the legislature, forms a contract, the obligation of which cannot be impaired by a subsequent law, though the lands so privileged be afterwards sold with the assent of the state, by the Indians, to other individuals.-New Jersey v. Wilson, 7 Cranch, 164.
A state legislature has power to change, modify, enlarge, or restrain public corporations, such as counties, towns, and cities, securing the property therein for the use of those for whom, and at whose expense it was originally purchased.--Ter. rett v. Taylor, 9 Cranch, 43, 46.
But such legislature cannot repeal statutes creating private corporations, or confirming property to them; and by such repeal vest the corporate property exclusively in the state, or otherwise dispose of it, without the consent or default of the corporators.-Terrett v. Taylor, 9 Cranch, 43, 46.
A charter granted by the British crown to the trustees of a college before the revolution, is a contract within the meaning of the constitution of the United States. Such charter was not dissolved by the revolution, but was protected by the constitution, and the college under the charter is a private not a public corporation. An act of a state legislature materially altering such charter without the consent of the corporation, is an act impairing the obligation of the charter, and is unconstitutional and void.-Dartmouth College v. Woodward, 4 Wheat. 518, 641, 657, 682, 651, 706.