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Amendments
Amendments. The Constitution Provides The Method By Which It May Be Amended. Strong Opposition Was Made By Several States To Rati Fying The Constitution Because It Contained No Bill Of Rights, Or Statement Of Individual Immunities From Gov Ernmental Oppression. It Was Ratified With The Expec Tation That These Would ...

Amendments_2
Amendments. The State Constitu Tions Provide The Manner In Which They May Be Amend Ed Or Altered. They Provide In Every Case That The Amendment Of The Fundamental Law Shall Be Harder To Accomplish Than The Enacting Of An Ordinary Statute. Amendments After Being Adopted In Convention Or By The ...

Appointment To Other
Appointment To Other To Prevent The Political Corruption Which Might Result From The Unlimited Power Of The Legisla Tors To Create Lucrative Offices For Themselves They Are Made Ineligible During The Term To Hold An Office Created Or The Salary Of Which Has Been Raised, During The Time For Which ...

Apportioning The
Apportioning The This Clause Of The Constitution Embraces One Of The Great Compromises Made In The Convention, And Without Which The Various Factions Could Never Have United On The Federal Constitution. The Num Ber Of Representatives Being Determined By Popula Tion, The Southern States Wished To Have The Slaves Counted ...

Appropriations
Appropriations. The Control Over Grants Of Money To The Needs And Expenses Of The Gov Ernment Is In The Hands Of The Legislature. Appropria Tions Are Usually Made Each Year For The Current Ex Penses And For Such National Improvements As Con Gress Desires To Make. Appropriations Are Made With ...

Assistant Executive
Assistant Executive In Each Of The States There Are Some Or All Of The Following Officers, Who Have Under The Constitution An Independent Share In The Executive Function; A Sec Retary Of State, An Auditor Or Comptroller, Treasurer, Attorney General, Superintendent Of Schools, Surveyor General, State Printer And State Librarian. ...

Association Of States
Association Of States. The Es Sential Element Of A State Or Nation Is The Possession Of Sovereign Power; The Sovereignty Is The State's Highest Attribute. This Sovereignty Is In Its Very Nature Single And Indivisible, Hence A State Is Separate From Every Other, And Its Sovereignty Ends At Territorial Lines. ...

Attempt At A Federal
Attempt At A Federal Union. Up To This Time No Attempt Had Been Made To Weld Together The Group Of English Colonies In America. The First Plan Of Union Was Formulated By That Far Seeing And Versatile Genius, Benjamin Franklin. The Expensive Campaigns Which Had Been Conducted Against The French ...

Bail And Punishment
Bail And Punishment. The Amount Of Bail Required In The Different Cases Is Usually Within The Discretion Of The Court. In Capital Offenses The Accused Is Not Generally Admitted To Bail. What Punishments Are Unusual And Cruel Cannot Be Definitely Stated. Electrocution Has Been Decided Not To Be Cruel Or ...

Bankruptcy
Bankruptcy. The Congress Of The United States Has Full Power Over Bankruptcies If It Chooses To Use It; But When It Has Not Regulated The Subject The States May Do So, And Their Action Is Valid Until Replaced By The Action Of Congress.—sturges V. 4 Wheat., 122. Congress Has Passed ...

Bill Of Attainder
Bill Of Attainder. In English Law A Bill Of Attainder Was An Act Of Parliament Declar Ing A Person Guilty Of Crime And Pronouncing A Sen Tence Of Death Against Him Nvith Forfeiture And Corrup Tion Of Blood, That Is, Destroying The Inheritable Quality Of The Person's Blood. The Bills ...

Bill Of Rights
Bill Of Rights. A Bill Of Rights Is The Declaration Of The Fundamen Tal Principles Of Liberty And Property Which Are To Gov Ern The People Until Changed. It Was Urged In The Fed Eralist That These Would Be Embodied In Our Federal Constitution Without Being Expressly Stated. They Were ...

Colonial
Colonial Governments.—in The Thirteen Colonies Subject To England, And From Which The United States Of America Was To Be Formed, A Variety Of Governments Existed Prior To The Forma Tion Of The American Union. The Following Three Forms Obtained At The Time Of The Revolution: Provincial Government. Under This System ...

Commander In Chief
Commander In Chief. As The Executive Head Of The Union, The President Has Chief Command Of The Military Forces Of The Nation. This Power Is Construed To Make Him The Executive Head Rather Than The Actual Military Commander Of The Forces In The Field. His Direction And Power Is Exer ...

Commerce Between The States
Commerce Between The States. This Power Is Barely Stated, And We Must Look To The Decisions For Its Construction. Commerce "among States" Must Concern More Than One States. It Cannot Extend To Transactions Wholly Within A State, Nor Does It Extend To Agricultural Prod Ucts Or Manufactured Articles In A ...

Commerce With Foreign Nations
Commerce With Foreign Nations. The Propriety Of Committing All National Matters To The General Government Is Obvious, And The Power Is Here Exclusive Of The States. The Power Is Exercised By Making Commercial Treaties, And By Laws Regulating The Subject.—henderson V. Mayor, 92 U. S., 259. Commercial Treaties. From Time ...

Commerce With The Indian
Commerce With The Indian Tribes. The Power Of Congress Over Commerce With The Indians Is Plenary. It May Pass Laws Regu Lating Or Forbidding It. The Power Is Not Limited To State Lines, But Extends Wherever The Indians Are Found, Whether In The Reservations, The Territories Or The States.—u. S. ...

Confedera Tion
Confedera Tion. A Confederation Is The Highest Step In The Association Of Sovereign States, And The Last Step Which May Be Taken Without The Formation Of A Single Fed Eral State. It Differs From A Treaty Or Alliance In That It Has Governmental Organization. A Confederation Results From An Agreement ...

Congress Has All Legislative
Congress Has All Legislative Power. The Two Houses Acting Together Constitute A "congress Of The *united States," And Have All Legislative Power. The President, Though Given A Qualified Veto Power On The Action Of Congress, Is Not Thereby Given A Legislative Function. He May De Lay But Cannot Forbid Legislation. ...

Constitution Defined And Explained
Constitution Defined And Explained. A Constitution Is The Fundamental Law Of The State, And Embraces The Principles Upon Which The Government Is Founded, And Regulates The Division Of The Sovereign Powers.* Every State Has A Constitution Upon Which Its Gov Ernment Is Founded. From The Earliest Times Men Have Sought ...

Constitutional Law Defined
Constitutional Law Defined. Constitutional Law Is That Branch Of Jurisprudence Which Treats Of The Principles Of Government, And The Practical Exercise Of The Powers Of Government In Con Formity With Those Principles, As Well As The Construc Tion To Be Given To The Powers Of Government In Their Application To ...

Constitutional Law Extent
Constitutional Law Extent. Commerce In Its Broadest Sense Includes Every Descrip Tion Of Dealing Between Man And Man. But The Power To Regulate Commerce As Bestowed On Congress Ex Cludes The Purely Internal Commerce Of The States. Commerce Within The Meaning Of The Grant To Con. Gress Includes Intercourse Between ...

Construction Of Written Constitutions
Construction Of Written Constitutions. All Written Constitutions Are Constructed Upon A General Uniform Plan. They De Clare: 1. The Rights Of The People To Liberty, Property, Etc., By A Bill Of Rights. 2. The Frame Of The Govern Ment. These Two Things Are The Essential And Im Portant Provisions In ...

Copyrights And Patents
Copyrights And Patents. Under This Power To Promote The Progress Of Science And The Useful Arts, Congress Has Passed Laws Cstab Fishing And Controlling Copyrights, Patents, And Trademarks. A Copyright Is Simply The Right To Make Copies Of A Literary Production, Or A Work Of The Fine Arts. It Is ...

Defects Of The
Defects Of The The Articles Of Confederation Were Not Sat Isfactory In Uniting The States For Their Common Wel Fare. Discord And Jealousy Between The Separate States Soon Weakened The League And Made The Au Thority Of The "united States In Congress Assembled" Almost Nugatory. The Small States Could Antagonize ...

Direct Taxes
Direct Taxes. The Northern States Also Demanded That If The Slaves Were To Count For Representation They Should Count In Apportioning The Direct Taxes, Hence The Pro Vision "representative And Direct Taxes," Etc. The Term "direct Taxes" Was Not Defined By The Conven Tion, And Just What Taxes It Was ...

Discovery
Discovery. The Northmen Visited America As Early As 1000 A. D., But Their Visits Were Transitory, And It Was Reserved For Columbus, While Seeking By The Advice Of Toscanelli To Prove That The World Was Round, And That By Sailing West He Could Reach The East, To Reveal In 1492 ...

Dividing The Spoils
Dividing The Spoils. The Occu Pancy Of The Indians Being Considered Too Vague And Undefined To Be Respected By The Europeans, The Ques Tion Was, Not How To Dispossess The Indians, But Rather How To Secure Superior Claims As Against Competing Nations. The First International Dispute In Regard To The ...

Dual Constitutions
Dual Constitutions. Under Our Federal System Of Government We Have Dual Consti Tutions—the Federal Constitution, Which Is The Su Preme Law Of The Union; And The State Constitutions, As The Supreme Law Of The Several States. The Fed Eral Government Is A Grant Of Powers From The People, And Covers ...

Education
Education. In A Country Which Rec Ognizes The Political Equality Of Its Citizens And Aims To Make The Male Portion Of Them Participators In The Gov Ernment On Attaining The Age Of Majority, It Is Self Evident That The Maintenance Of A System Of Schools For The Education Of The ...

Efforts To Perfect The
Efforts To Perfect The Union. The Need Of Reform In The Articles Of Con Federation Was Apparent During The War, And Before The Last State Had Sanctioned Them. The New England States And New York Met In Convention At Hartford In November, 178o, To Devise Means Of Improving The Federal ...

Etc Restriction As To
Restriction As To Tonnage, Etc. These Restrictions On The Power Of The State Are Demanded Because Of The Federal Character Of The Union, As Well To Prevent A Clash Between The Two Au Thorities As To Insure Uniform And Single Action. Ton Nage Duty Is A Tax Laid On A ...

Exclusive And Concurrent Jurisdiction
Exclusive And Concurrent Jurisdiction. We Have Already Seen In Another Connection, That The Grant Of Certain Powers To The Fed Eral Government Does Not Necessarily Exclude The Au Thority Of The States Over The Same Matters. The Con Stitution Does Not Provide That The Judicial Power Of The United States ...

Exclusive And Concurrent Powers
Exclusive And Concurrent Powers. As A Result Of The Federal Nature Of The United States, Powers Not Exclusively Delegated To The United States May Also Be Exercised By The State Gov Ernments. Hamilton, In The Federalist, No. 32, Thus Specifies The Exclusive Powers Of The United States: "where The Constitution ...

Executive Duties
Executive Duties. The Presi Dent Is Required To Furnish Congress Information On The State Of The Union. Jefferson Was The First To Send This Information In A Written Message. The Former Practice Having Been For The Executive To Meet The Two Houses Of Congress And Address Them, Recom Mending Such ...

Extent Of The Veto
Extent Of The Veto. The Veto Power Was Made To Extend To Every "order, Resolution And Vote," To Prevent The Legislature From Evading The Check Provided, By Passing Important Matters In The Shape Of Resolutions, Orders, Etc. It Is Construed That Two-thirds Of The Members Present And Voting Will Serve ...

Extradition Of Criminals
Extradition Of Criminals. The Offenses For Which A Person May Be Extradited Include Statutory Crimes Of Recent Creation As Well As Those Existing At The Adoption Of The Constitution. But Just Where The Line Is Drawn Between Crimes And Misde Meanors Of Slight Importance Is Uncertain.—ken Tucky V. Dennison, 24 ...

Federal Constitutional Law
Federal Constitutional Law. Standing At The Threshold Of A New Century We Ask: What Shall The Years Bring Forth In Social And Political Institutions? What New Forces Are To Inspire And Direct The American People? These Questions We Can Only Tentatively Answer. But We Need Not Blindly Speculate On 'the ...

Federal Limitations
Federal Limitations. The First Eight Amendments Are Limitations On The Departments Of The Federal Government And Not On The States. Under The Rule Previously Mentioned, That The Provisions Of The Constitution Only Refer To The States Where They Are Expressly Mentioned, These Amendments Are Held To Give The Individual No ...

First Written Constitution In
First Written Constitution In America. Connecticut, Which Was Founded From The Massachusetts Colonies As A Protest Against Religious Bigotry, Affords The First In Stance In The History Of The World Of A State Formed By A Written Constitution. In The Puritan Settlements Of Massachusetts Only Church Members Were Allowed To ...

Fixing The Responsibility
Fixing The Responsibility. One-fifth Of The Members Present Can Demand The "yeas And Nays," That Is, A Call Of The Roll Of Member Ship And A Registering On The Journal The Vote Of Each Member For Or Against The Measure. This Plan Ena Bles The Minority To Fix The Responsibility ...

Freedom Of Speech And
Freedom Of Speech And De Bate. To Make The Legislators Feel Secure And Inde Pendent In Declaring Their Just Convictions, They Are Not To Be Questioned In Any Other Place For Any Speech Or Debate In Either House. The Framers Of The Consti Tution Were Establishing A Legislature Which Should ...

Full Faith And Credit
Full Faith And Credit. By Faith And Credit Is Meant That Each State Must Rec Ognize Fully The Action Of Other States In The Exercise Of Their Lawful Jurisdiction. It Does Not Extend The Jurisdiction Of One State Into The Territory Of Another. The Process From The Courts Of One ...

Grounds Of Dispute With
Grounds Of Dispute With The Mother Country. The Colonies Admitted That They Were A Portion Of The British Dominions, And Con Ceded That They Were Subject To The Control Of The Crown And Parliament In All Matters Of Imperial Con Cern, Under Which Head Fell Foreign Affairs And Com Merce ...

Habeas Corpus
Habeas Corpus. This Is A Judicial Writ Or Order Issued By A Court Requiring The Body Of A Person Imprisoned Or Restrained To Be Brought Into Court That The Legality Of The Imprisonment May Be Investigated And Determined. This Right Of An Indi Vidual To Security From Arbitrary Imprisonment Was ...

Impairment Of The Obligation
Impairment Of The Obligation. Among The Legislative Acts Which Would Impair The Obligation Of A Contract Are: Statutes Relieving One Party Of His Legal Undertaking, Or Depriving The Other Party Of The Fruits Of The Under Taking, As The Law Imposes Upon A Person Undertak Ing To Do A Thing ...

Impeachment Law
Impeachment Law. The President, Vice President And All Civil Officers Are Subject To Im Peachment; This Clause Is Held To Include All Civil Offi Cers Commissioned By The President Under Section 3, Of This Article, Save Those Employed In The Land And Naval Forces. The Crimes And Offenses For Which ...

Impeachment
Impeachment. The House Of Rep Resentatives Has Sole Power Of Impeachment. Im Peachment Is A Judicial Proceeding Or Prosecution For Maladministration Or Corrupt Conduct In Office. The Power Of The House Only Extends To Preferring The Ar Ticles Of Impeachment, That Is, Its Power Is To Indict Or Prefer The ...

Implied Powers Of Congress
Implied Powers Of Congress. The Above Clause Is The Foundation Of The So-called Implied Powers Of Congress. It Is Sometimes Called The "elastic Clause," And While It Does Not Enlarge Any Powers Specifically Granted, Nor Confer Any New Pow Ers, It Does Fill Up, And Round Out, And Make Effective ...

Implied Restrictions
Implied Restrictions. With Out Being Expressly Stated The Power Of Legislation, State And National, Is Limited In The Following Re Spects: 1. The Power To Legislate Cannot Be Delegated, As To Another Department Of Government. This Trust Is Confided To The The Legislative Body Alone.—coolcy, Const. Lim., 6th Ed., 137-146. ...

Interdependence Of The Houses
Interdependence Of The Houses. This Clause Gives Each House A Power Over The Action Of The Other As Respects Adjournments For More Than Three Days, And The Place Of Sitting. The Mutual Dependence Was Deemed A Wise Provision To Prevent Them From Separating Or Adjourning And Thus Defeating All Legislation. ...

Interstate Commerce Act
Interstate Commerce Act. Under Its Commerce Power In 1887 Passed The "interstate Commerce Act," 24 Stat., 379. This Act Provides For The Establishment Of A Commission Of Five Members To Hear And Determine Complaints Regarding, And To Enforce The Provisions Of The Act. The Com Coerce Commission Is Given Power ...

Journal Of Proceedings
Journal Of Proceedings. Several Purposes Are Answered By The Requirement That Each House Shall Keep A Journal Of Its Proceedings. The Plan Effectually Prevents The Legislature From Be Coming A Secret Conclave, And Prevents Evil Legislation By Insuring Prompt Publication Of The Obnoxious Law. These Records Have Been Kept And ...

Jurisdiction Of The Federal
Jurisdiction Of The Federal Courts. The Constitution Defines The General Jurisdiction Of The Federal Courts In Nine Different Clauses, And It Is This Jurisdiction That Congress Has By The Judiciary Act Apportioned Among The Various Fed Eral Courts. The Powers Of The Courts Are Further Con Fined To Applying The ...

Jury Trial In Civil
Jury Trial In Civil Suits. In Suits At Common Law, That Is, As Distinguished From Suits In Equity, A Jury Trial Is Preserved. The Jury Meant Is The Common Law Jury Of Twelve Men.— Thompson V. Utah, 170 U. S., 343; Cooley, Principles, 3d Ed., 321. Article 8. Excessive Bail ...

Jury Trial
Jury Trial. This Clause Was To Make The Federal Courts Amenable To The General Principles Of Civil Liberty In Regard To Jury Trials Held In The Vi Cinity Where The Crime Was Committed. The Jury Meant Is The Common Law Jury Of Twelve Men.—thompson V. Utah, 170 U. S., 343. ...

Laws Impairing The Obliga
Laws Impairing The Obliga Tion Of Contract. This Prohibition Applies To The States Alone And Is Not Extended To The Federal Gov Ernment. The Inhibition Was Intended To Prevent The States From Repudiating Their Debts, But It Has Been Construed To Include Every Enforceable Contract Made By Individuals Or States, ...

Legislative Autonomy
Legislative Autonomy. Each House Is Given Power To Pass Upon The Qualifications Of Its Members. This Power Was Necessary To Their Au Tonomous Organization As Independent Departments In A Constitutional Government. The Constitution Fixes The Quorum At A Majority Of The Members, And This Means All The Members Elected. A ...

Legislative Powers
Legislative Powers. In Treat Ing The Powers Of Congress We Saw That The Federal Constitution Was A Grant Of Power To The Departments As Well As The Authority Which Distributed The Powers Granted Between The Departments Of Government. Con Gress, We Learned, Had Only The Powers Granted To It Or ...

Limitation Of The States
Limitation Of The State's In Nearly All Of The States At Present There Is A Tendency To Limit The Sphere Of Governmental Ac Tivity To Those Things Which Are Necessary To Make, Ad Minister And Execute The Laws, And To Avoid Alike In Ternal Improvements And The Operation And Control ...

Limitations As To The
Limitations As To The Purposes Of The Tax. The Clause Is Still Unsatisfactory And The Power Indefinite. What Are The Debts That May Be Paid? How Far Does The Power To Provide For The Common Defense And General Welfare Extend? The Factors Of Government Must Themselves Decide These Questions. Hence ...

Limitations As To The_2
Limitations As To The Manner Of Taxing. Congress Is Given Power To Lay And Collect Taxes, Duties, Imposts, And Excises; "but All Duties, Imposts, And Excises Shall Be Uniform Throughout The United States." The Word "taxes," In Its Widest Sense, Includes Duties, Imposts, And Excises, As It Covers Any Exaction ...

Limitations In Regard To
Limitations In Regard To Direct Taxes. As We Have Seen (ante, Sec. Ioi), Representatives And Direct Taxes Are To Be Apportioned According To The Population. The Fourteenth Amendment Changes The Method Of Ap Portioning Representatives, And Omits The Expression "and Direct Taxes" From The Amended Clause, Which Might Put An ...

Limiting The Power Of
Limiting The Power Of The States. There Are Two Classes Of Prohibitions To Be Noticed : 1, Those Directed Both To Congress And To The States, And, 2, Those Laid Upon The States Alone. Of The Powers Denied, A Number Have Been Considered In Treating The Powers Of Congress And ...

Makeup Of The Constitu
Makeup Of The Constitu Tions. The State Constitutions Usually Consist Of A Bill Of Rights, The Frame Of Government Or Distribution Of Political Power, And A Schedule Providing For The Necessary Steps In Changing From The Old To The New Government. The Schedule Being Of Temporary Im Portance Is Not ...

Maryland And Pennsylvania
Maryland And Pennsylvania. Examples Of Proprietary Gov Ernment Are Furnished By The Colonies Of Pennsylvania And Maryland. Charles I., In 1629, Granted To Lord Baltimore The Territory Of Maryland. Baltimore Was Made "lord Proprietary," With Full Power Over The Destiny Of The Colony Upon Rendering The King Two In Dian ...

May Punish Others Than
May Punish Others Than Members. The Power Of The Houses To Punish Extends To Others Than Members, And Results From The Occasional Judicial Function Of These Legislative Bodies. Thus The House Of Representa Tives Was Held To Have Power To Punish A Contumacious Witness Summoned In Reference To An Impeachment ...

Minor Civil Divisions And
Minor Civil Divisions And Self Government. Every State Is Divided In To Counties (in Louisiana Called Parishes), And Each County Is Divided Into Towns Or Townships. The Origin Of These Minor Civil Divisions May Be Traced To The Manner In Which Our Country Was Settled. Small Set Tlements United With ...

Miscellane Ous Cases
Miscellane Ous Cases. No State Has A Right To Lay A Tax On In Terstate Commerce In Any Form, Whether Upon The Ar Ticle, Upon The Receipts Derived From The Transporta Tion, Or On The Business Of The Carrier. But Logs Lying In A State Waiting Transportation May Be Taxed ...

Mode Of Amending The
Mode Of Amending The Constitution. The Above Article Is Self-explanatory. The Amendments Adopted So Far Have Been Proposed By Congress. All Amendments Must Be Ratified By Three-fourths Of The States, And In Case An Amendment Should Seek To Change The Equal Suffrage In The Senate, All The States Should Ratify ...

Mode Of Passing Bills
Mode Of Passing Bills. The Constitution Has Left The Forms To Be Observed In Origi Nating And Passing Bills To Be Determined By The Rules Adopted In Each House. In General, All Bills, Save Rev Enue Bills, May Originate In Either House Indifferently. Whenever A Measure Is Introduced It Is ...

Municipal Corporations
Municipal Corporations. The People In The Cities And Villages Of The States Are Either By General Laws, Or Special Grants, Incorporated, That Is, Conjoined, And Given A Legal Unity For Certain Purposes Connected With Their Local Government. Cities, Villages, Counties And Townships As Incorpora Tions Are Called Municipal Or Public ...

Nationalizing Provisions
Nationalizing Provisions. In The Establishment Of A Federal Government With A Number Of Individual States, The Framers Of The Consti Tution Recognized The Importance Of Providing Certain Unifying Provisions That The Citizens Of Distinct States Might Not, As A Result Of Hostile Legislation Between The States, Come To Regard Themselves ...

Naturalization Laws
Naturalization Laws. By Sections 2165 To 2174 Rev. Stat. Of The United States A General Law Lays Down The Conditions Under Which Aliens, "being Free White Persons, And Aliens Of African Nativity And Persons Of African Descent," May Become Citizens Of The United States.* A Native Of China, Of Mongolian ...

Naturalization
Naturalization. The Exclusive Power Over Naturalization Is Vested In Congress By The Word "uniform." Naturalization Is Defined To Be The Admission Of Persons Not Native To A Country To Its Various Political Privileges. The States May Confer The Right To Vote—so-called State Citizenship—upon Per Sons Who Are Not Citizens Of ...

New England Colonies
New England Colonies. The Pilgrim Fathers Who Landed At Plymouth On The 21st Of November, 1620, Had No Charter, And Their Government For A Consider Able Period May Be Called A Voluntary Association. In The Cabin Of The Mayflower They Drew Up A Compact In Which They Agreed To Make ...

New States
New States. Congress May Admit New States, But Is Not Compelled To Admit Them. Von Holst Asserts That The Evident Intention Of The Authors Of The Constitution In This Clause Was To Provide For The States Which Were To Develop From The Territorial Do Main Of The Union, And That ...

Of Speech Freedom Of
Freedom Of Religion, Of Speech, And Of The Press. The Religious Liberty As Guaranteed By The Constitution Does Not Ex Tend To Forbid The Punishment Of Crimes Because Their Commission May Be Believed To Be A Religious Duty. So Where The Statutes Forbid Bigamy, And The Defendant Admits A Second ...

Organization
Organization. The Senate Has As Full A Control Of Its Organization As The House, With The Single Exception Of Its Presiding Officer. It Chooses Its Other Officers And Also A President Pro Tempore. An Opportunity Is Usually Given The Senate To Choose A President Pro Tempore Before The Close Of ...

Original And Appellate Ju
Original And Appellate Ju Risdiction. Original Jurisdiction Is The Power To Entertain An Action From Its Commencement; While Ap Pellate Jurisdiction Extends To Review Cases Arising Under The Jurisdiction Of Inferior Tribunals. In The Above Clause The Supreme Court Is Given Original Ju Risdiction In Certain Cases, And The Courts ...

Piracy
Piracy. Piracy Is Robbery, Or Forcible Depredation On The High Seas. Anything Declared By International Law To Be Piracy Will Be Subject To The Penalties Fixed By Congress For That Crime. But Con Gress May Declare Certain Offenses To Be Piracies And Punish Them As Such Though They Are Not ...

Police Power Of The
Police Power Of The State. It Is Within The Province Of Government To Preserve Or Der, Punish Offenses, Make Regulations For The Use And Management Of Property That Each May Enjoy His Own Without Infringing The Rights Of Others, And The Author Ity Under Which All These Internal Rules And ...

Power Of Congress Over
Power Of Congress Over Federal Elections. The Constitution In This Sec Tion Authorized The States To Make Arrangements For The Federal Elections, But Provided That When Con Gress Should Subsequently Act It Would Have Power To Fix The Times And Places And Prescribe The Manner Of Holding Elections For The ...

Power Over Appointments
Power Over Appointments. The Power Of The President To Appoint Civil Officers Is One Of Great Importance, And It Was A Wise Check Upon The Power That Such Appointments Should Be Ratified By The Senate. The Question Has Arisen: Does The Power To Appoint Include The Power To Remove, And ...

Power Over Ceded Districts
Power Over Ceded Districts. This Clause Was Designed To Give Security And Re Spectability To The Federal Government. It Gives Per Manence As Well As Independence To The National Capi Tol. The District Of Columbia Was Ceded To The United States And Accepted By Congress, And Many Smaller Districts Have ...

Power Over The Mails
Power Over The Mails. The Power To Establish Post-offices And Post-roads Has Been Interpreted As Giving Congress Complete And Exclusive Control Over Postal Matters. The Power Extends To The Organization Of The Postoffice Department. Estab Lishing Postal Routes, Securing Or Erecting Suitable Buildings For The Accommodation Of The Mails In ...

Power Over Treaties
Power Over Treaties. The Making Of Treaties Is Usually An Executive Function Sole Ly, But As A Check On The Executive The Senate Is Re Quired To Concur In The Exercise Of The Power. And Where The Treaty Requires The Appropriation Of Money To Carry It Out The Lower House, ...

Power To Punish Members
Power To Punish Members. The Constitution Gives Each House The Power To "pun Ish Members For Disorderly Behavior," And It Is Con- . Tended That This Wording Gives Only A Disciplinary Power To Congress As To Acts Committed During The Session, And Would Not Extend To Acts Committed Else Where. ...

Power To Try Impeachments
Power To Try Impeachments. As The Upper House, The Senate Is Given Sole Power To Try Impeachments. This Function Being A Judicial One, It Is Proper That The Members Should Be On Oath. When Trying The President Its Character As A Court Is Further Augmented By Requiring The Chief Justice ...

Powers And Duties Of
Powers And Duties Of The Governor. The Function Of The Governor Corre Spond To That Of The President; He Represents The State In Its Relation To Other States, Enforces The Laws, Is Commander-in-chief Of The Militia Of The State, And May Call It Out To Enforce The Laws Or Put ...

Presents Titles Of Nobility
Titles Of Nobility, Presents, Etc. This Clause Was To Insure The Absolute Political Equality Of Citizens Under The Government, As Well As Protect Us From Foreign Influence By Bribes Appealing To The Vanity Of Our Officers. The Framers Of The Con Stitution Realized That Nobility Is Not To Be Conferred ...

Privileged From Arrest
Privileged From Arrest. While The Members Of The Federal Legislature Are Under The Disciplinary Power Of Their Respective Houses They Enjoy Privilege From Arrest In Certain Cases. This Provision Was To Prevent The People From Being De Prived Of Their Representative In Congress For Slight Causes, And Also To Keep ...

Privileges And Immunities Of
Privileges And Immunities Of Citizens. The Privileges Secured To Citizens By This Clause Have Never Been Fully Enumerated By The Courts. They Do Not Extend To Political Privileges As The Franchise And The Holding Of Office; These Are Conferred By The State Upon Its Permanent Citizens. They Do Extend To ...

Protection Against Domes Tic
Protection Against Domes Tic Violence. Upon Demand Of The Legislature Or Of The Executive Of The State The Federal Government Is Bound To Protect The States Against Domestic Vio Lence. The Provision As To A Demand On The Part Of The State Is To Exclude The Federal Authorities From State ...

Public Debt And Supremacy
Public Debt And Supremacy Of The Constitution. By Clause I Of This Article The Debts Of The Confederation Which Was Re Placed By The Union Are Recognized As Binding. Clause 2 Declares The Federal Constitution And Laws And Trea Ties Made Thereunder The Supreme Law Of The Land. This Provision ...

Public Institutions
Public Institutions. The State In Protecting Life And Property And Promoting The Gen Eral Welfare Undertakes To Provide For The Incapable Human Beings Who, By Reason Of Disease Or Physical In Firmities, Are Unable To Care For And Provide For Them Selves. It Also Provides For The Incarceration Of Those ...

Qualifications Election
Election, Qualifications, Etc., Of President. Section 1, Of Article Ii. The Method Of Electing The Chief Executive Officer. By The Constitution The Election Was Intended To Be An Indirect One By Electors Chosen In The Several States Who Should Meet And Independently Select The Executive Officer. Custom Has Changed This, ...

Qualifications Of Senators
Qualifications Of Senators. The Constitutional Conditions For Eligibility To A Senatorship Are The Same In Kind As Those For The Lower House; They Are Slightly Higher In Degree In Pursuance Of The Plan Of Making The Senate A More Select Body. The Requirement As To Being An Inhabitant Was To ...

Real Proper Ty
Real Proper Ty. The Possession Of Real Property By The Citizens Of A State Is Ever Subject To The Right Of The State To Take Such Portions Of It As May Be Needed For The Ad Vancement Of General Welfare. The Right Of The State To Take The Property Of ...

Representatives Chosen Directly By
Representatives Chosen Directly By The People. That The Members Of The Most Numerous Legislative Body In A Republican Government Should Be Elected By The People Directly Ought To Have Been Beyond Contention. But There Were Men In The Convention Who Favored An Indirect Election By The State Legislatures. These Persons ...