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Representatives Must Vote The
Representatives Must Vote The Taxes. This Clause Crystallizes The Principle Which Has Been So Stubbornly Maintained By The En Glish Speaking People That The People Or Their Repre Sentatives Must Vote The Taxes Which The People Are To Pay. The Provision Was Incorporated From The En Glish Constitution, Where The ...

Republican Government
Republican Government. The United States Are Obligated To The States As Re Spects Securing And Maintaining Republican Govern Ments In The States. It Is Construed To Be The Power Of Congress To Determine Finally In Regard To When This Guarantee Is Fulfilled, And The Other Departments Must Acquiesce In Its ...

Reserved Power
Reserved Power. By Articles 9 And 10 The Sovereign People Assert Their Reserve Power In All Matters Not Granted To The Federal Government Or To The States. Whether The People Of The United States Or The People Of The States Is Meant, Is In Dispute. We Think That The Wording ...

Rights Of Accused Persons
Rights Of Accused Persons. The Right To A Speedy Trial Means That The Trial Shall Not Be Delayed Longer Than Is Reasonably Necessary For The Prosecution To Prepare For Trial. The General Public Or The Friends Of The Accused Are To Be Admitted To The Trial To Insure Fairness And ...

Rules Of Construction
Rules Of Construction. When The Provisions Of A Constitution Are Found To Re Quire Construction In Their Application To Concrete Cases, The Following Rules Are Usually Followed: I. The Meaning Of The Constitution Is Always The Same, And The Construction Should Be Uniform. 2. The Entire In Strument Is To ...

Rules Of Procedure
Rules Of Procedure. Each House Has Established Elaborate Rules Of Procedure, And The House Of Representatives Has Gorse So Far As To Provide By Rule That Members Present, But Not Voting, May Be Counted In Determining The Presence Of A Quorum, And The Supreme Court Has Upheld The Rule. —united ...

Salaries
Salaries. The Constitution Provides For Paying The Federal Legislators. In England Mem Bers Of Parliament Get No Salaries, And Poor Members Are Supported By Their Constituencies. In The United States It Has Been The Policy Of The Federal And State Governments To Pay Salaries To Legislators. The Salary Of Senators ...

Same Subject A Dispute
Same Subject A Dispute As To Punctuation. The Clause In The Grant Be Ginning "to Pay The Debts And Provide For The Common Defense, Etc.," Was Early Claimed To Confer A Distinct And Substantive Power To Tax; The Contention Being That The Whole Paragraph Conferring The Taxing Power Should He ...

Same Subject Paper Money
Same Subject Paper Money. The Power Of The United States To Issue Non-interest Bearing Notes, Paper Money, Had Been Doubted By Some And Was Not Exercised Until The Exigencies Of The Civil War Made Extraordinary Financial Measures Neces Sary. In 1861 Congress Authorized The Issue Of $50, 000,o00 In Demand ...

Search Warrants
Search Warrants. The Above Clause Restricts The Use Of Search Warrants To A Reason Able Compass; The Officer Must Be Kept Within The Terms Of The Writ, And Goods Seized Must Be Taken Before The Court. The Search Warrant Cannot Be Used To Secure Evidence Of Intended Crime, And Not ...

Second Continental
Second Continental The Second Congress Met In May, As Agreed Upon, And Its Work Was Now Reasonably Clear. The Skirmish At Lexington And Concord Had Occurred And The Revolution Had Begun. Congress Chose John Han Cock As Its President, Took Charge Of The Force Besieg Ing The British In Boston, ...

Signature Of The President
Signature Of The President. The Constitution Provides That A Bill Having Passed Both Houses In The Regular Way Must Be Sent To The President For His Approval. Thus The President Is Made To Co-operate In Legislation. As Previously Shown (ante, Sec. 96), He Cannot Absolutely Prevent The Bill From Becoming ...

Slavery Abolished
Slavery Abolished. The Above Article Abolishing Slavery Was Proclaimed A Part Of The Constitution December 18, 1865. The Former Slave States Were Compelled To Ratify This Amendment As A Condition Precedent To Their Re-admission To State Hood. It Puts An End Forever To The Vexed Question Of Human Slavery, Which ...

Slaves
Slaves. The First Clause Of Section Nine Embraces The Compromise Made By The Conven Tion On The Slavery Question. The Clause In Effect Le Galized Slavery By Forbidding Congress To Interfere With The Introduction Of Slaves Into States Then Exist Ing Prior To 18o8. ...

Sovereignty
Sovereignty. Sovereignty Is De Fined As The Supreme, Absolute And Uncontrollable Pow Er By Which A State Or Nation Is Governed. It Is The Ab Solute Right To Govern And Is Always The Final And Only Source Of Governmental Authority. The Sovereignty Is The Same Whether Embodied In A Republican ...

Suffrage
Suffrage. It Is Popularly Believed That The Thirteenth Amendment Freed The Negroes, The Fourteenth Made Them Citizens And The Fifteenth Gave Them The Right To Vote. The Last Part Of This Statement Is Incorrect. The Fifteenth Amendment Gives No One The Right To Vote, It Merely Makes It Impossible To ...

Taxation Of Government Agencies
Taxation Of Government Agencies. The Power Of The United States To Tax Does Not Extend To The States Or Any Of Their Govern Mental Agencies. As Before Stated The Constitution Contemplates The Perpetual Maintenance Of The States As Well As The Union. The Power To Tax Involves The Power To ...

Taxation Without
Taxation Without England Insisted That The Colonies Direct Ly Assist In Paying The Expense Which She Had Incurred In Defending Them. A Stamp Tax Was Considered The Least Liable To Objection, And The Stamp Act Was Passed By Parliament In 1765. The Tax Was Not Oppressive, But It Was Levied ...

Taxation
Taxation. The State Government, As Well As The Federal Government, Possesses The Power Of Levying Taxes Upon The Property Or Persons Of Its Citi Zens Or Subjects. The Taxing Power Of The Statc And Federal Government Is Concurrent, And Each May Levy Its Exactions Upon The Same Person Or Property. ...

The Amendments
The Amendments. The Fifteen Amendments So Far Adopted Were Proposed By Con Gress, And Ratified By The Legislatures Of The Several States In Pursuance Of The Fifth Article Of The Constitu Tion. Being Later In Time They Supersede And Alter The Original Constitution In All Respects Where Inconsistent With It. ...

The Annapolis Convention
The Annapolis Convention. At The Instance Of Virginia A Call Had Been Made For Delegates From The States To Estab Lish A Better System Of Commercial Regulations. Only Six States Sent Commissioners. They Met At Annap Olis In September, 1786, And After Discussing The Criti Cal Condition Of Affairs They ...

The Articles Of
The Articles Of Since 1774 The Colonies Had Been Working Together; They Had Declared Their Independence, Raised, Equipped And Directed Armies To Sustain Their Rights, But It Was Not Until 1777 That They Decided To Define The Nature Of Their Connection And Declare It Perpetual. The Colonies Had Been Jealous ...

The Colonies Forced To
The Colonies Forced To The Stamp Act Was Repealed In 1766, As Re Sistance Had Rendered It Abortive, But Parliament Did Not Disclaim The Right To Tax The Colonies. There Was A Party In England That Sympathized With America In Her Resistance To Internal Taxation, Such As The Stamp Act ...

The Colonies Learn To
The Colonies Learn To As A Result Of The Anti-stamp Tax Agitation A Colonial Congress Was Called In 1765. It Met In New York City, October 7th. Nine Colonies Were Repre Sented By Twenty-eight Delegates. The Congress Agreed Upon A Declaration Of Rights And A Statement Of Their Grievances. They ...

The Commerce Power
The Commerce Power. One Of The Palpable Weaknesses Of The Confederation Was The Fact That The Regulation Of Commerce Was Left To The In Dividual States. The Various Regulations Thus Estab Lished Arrayed The States Against One Another And Pre Vented The Carrying Out Of The Commercial Treaties With Foreign ...

The Constitution Ratified By
The Constitution Ratified By The People Of The States. The Work Of The Constitutional Convention Was Completed Sep Tember 17th, 1787. The Constitution Was Submitted To Congress And By It Given To The Several States For Ratification. It Was Ratified, As Recommended, By Con Ventions Of Delegates Chosen By The ...

The Convention
The Convention. In Pursuance Of The Call, All The States Sent Delegates To The Convention Save Rhode Island. This State Enjoyed, By Reason Of Her Situation, Peculiar Commercial Advantages Under The Confederation, And She Feared That The Changes Pro Posed Would Cause Her To Lose Them. The Delegates Had Been ...

The Decennial Census
The Decennial Census. Every Ten Years A Census Or Enumeration Of The Inhabitants Is Taken, And Upon This Basis The Representatives Are Apportioned. The Constitution Does Not Fix The Number Of Representatives, But Pro Vides That They Shall Not Exceed One For Each 30,000 Inhabitants, And That Each State Shall ...

The Declaration As Law
The Declaration As Law. The Declaration Of Independence Was An Authoritative Public Act Expressing The Unani Mous Opinion Of The Various States As To The True Na Ture Of Government. As A Statement Of The Rights Of The Sovereign People Against Established Government Of Whatever Kind It Has Never Been ...

The Declaration Of
The Declaration Of Bunker Hill Had Been Fought And Yet Many Americans Hoped For Reconciliation With En Gland On The Basis Of Securing Their Rights. But The Persistence Of The King Strengthened The Sentiment In Favor Of Independence. Several Of The Colonies Drove Out Their Royal Governors And Set Up ...

The English Colonies
The English Colonies. The First Settlements In America Were Weak And Had At First The Semblance Of Camps Of Adventurers Rather Than Of Sta Ble Colonies. The Earliest Political Organizations Of The Settlers, While To Some Extent Haphazard And Ex Perimental, Were So Restrained And Directed By The In Born ...

The Executive Department
The Executive Department. Sec. 176. The Executive Officer Of The Union And The Head Of The Executive Department Is Called The President. This Term Signifies A Presiding Or Con Trolling Officer, And Had Been Used To Designate The Chief Executive Officer In Several Of The States After 1776. In The ...

The Federal Courts
The Federal Courts. The Con Stitution Declares That The Judicial Power Shall Be Ex Ercised By The Supretne Court And Such Inferior Courts As Congress May Establish. Thus It Is Left For Congress To Determine Of What The Supreme Court Shall Consist, And To Establish The Minor Courts And Apportion ...

The First Congress
The First Congress. Such Was The Condition Of Affairs With The Mother Country When The Delegates Who Had Been Elected In The Several Colonies, On The Advice Of Massachusetts, Came Together In Philadel Phia, September 5, 1774. They Were To Consult To Gether And Frame A Common Protest Against The ...

The Frame Of Government
The Frame Of Government. The Frame Of Government In A Constitution Signifies The ' Distribution Of Political Power, Or The Pointing Out Of The Avenues Through Which The Sovereignty Of The State Is To Be Exercised. Thus Our Federal Constitution, As Well As The Several State Constitutions, Establish Republican Governments ...

The Grant Of Powers
The Grant Of Powers To Congress. Though The Constitu Tion Grants The Powers To Be Considered In This Chapter To Congress, They Are In Effect National Powers To Be Exercised By The Three Departments Of Government. Many Of The Important Functions Of Government Begin With The Enacting Of Laws, And ...

The Judiciary As A
The Judiciary As A Department. The Position Of The Fed Eral Judiciary As One Of The Three Co-ordinate Branches Of Government, And The Construction Which Has Been Put Upon Its Power To Ascertain And Apply The Law, Makes It An Important Factor In A Constitutional Gov Ernment. In England All ...

The Leading Cases
The Leading Cases. Among The First Cases Which Raised The Ques Tion As To What Action Of The States Would Interfere With The Power Of Congress Is That Of Gibbons V. Og Den, 9 Wheat., 1, A Truly Important And Leading Case.* The Court Held That Commerce Extended To Navigation, ...

The Legislatures
The Legislatures. In All Of The States The Bicameral Legislative System Prevails, That Is, The Legislature Is Composed Of Two Houses. The More Numerous Branch Is Called The Assembly Or House Of Representatives, And The Other Branch Is Called The Sen Ate. The Two Houses Together Form The "general As ...

The New Eng Land
The New Eng Land Confederation. The First League, Or Confederation, Between Distinct American Colonies Was Established In New England In 1643. The Four Colo Nies Of Massachusetts, Plymouth, Connecticut And New Haven Formed A League For The Purpose Of Defense Against The Indians. The Confederation Was Called "the United Colonies ...

The People Of The
The People Of The United States. It Is Declared In The Pre Amble That "the People Of The United States" Adopted The Constitution. A Dispute Quickly Arose Over This Phrase. The State's-rights Party Claimed That In Fact And Law There Was No Single Entity Known As "the Peo Ple Of ...

The Power Of The
The Power Of The States Over Commerce. Such Local Matters As Fall Best To The Regulation Of The Various States, And Are In No Sense National, May, In The Absence Of The Action Of Congress, Be Controlled By The States—cooley V. War Dens, 12 How., 299. But The Chief Control ...

The Power To Borrow
The Power To Borrow Money. This Power Being Granted In Unqualified Terms Is Construed To Be Given Without Restriction, And To Be Co-extensive With All The Pecuniary Demands Up On The Government. The Public Credit May Be Pledged For A Present Or Future Liability; Obligations May Be Is Sued In ...

The Preamble
The Preamble. We, The People Of The United States, In Order To Form A More Perfect Union, Establish Justice, Insure Domestic Tran Quillity, Provide For The Common Defense, Promote The General Welfare, And Secure The Blessings Of Liberty To Ourselves And Our Posterity, Do Ordain And Establish This Constitution For ...

The President Of The
The President Of The Possibly To Carry Out The Plan Of Making The Senate A Higher And More Select Body Than The Ilouse, It Is Provided That The Second Highest Executive Head Shall Be Its Regular Presiding Officer. To Prevent Him From Becoming A Legislative Officer As Well As An ...

The Purpose Of The
The Purpose Of The Constitution. The Preamble Tersely And Yet Accurately States The Purposes Of The Constitu Tion. In Chisholm V. Georgia, 2 Dall., 419, It Was Said That These Purposes "comprise Everything Requisite, With The Blessing Of Divine Providence, To Render A People Prosperous And Happy." Two Houses. All ...

The Residence Of
The Residence Of The Right Of The People To Establish Their Govern Ment And Lay Down The Fundamental Law Was Expressly Asserted In The Declaration Of Independence And Up Held By The Power Of War, And It Is, Therefore, The Lead Ing Principle Of Our Constitutional Liberty That Sover Eignty ...

The Right To Keep
The Right To Keep And Bear Arms. The Provisions Of Articles 2 And 3 Were In Tended To Protect The People From Arbitrary Action On The Part Of Government Similar To That Of The English Government In The Past. The Right Of The People To Bear Arms Was A Practical ...

The Senate Partly Renewed
The Senate Partly Renewed Every Two Years. While The House Of Rep Resentatives Changes Each Legislative Period Or "con Gress," The Senators Hold For Six Years And Are Ar Ranged Into Three Classes, So That One-third Of The Members Arc Renewed Every Two Years. It Has Been Arranged That Both ...

The So Called Veto
The So Called Veto Power. The Power Given To The President By The Constitution To Approve Or Refuse To Approve Legislation, Is Called The Veto Power. The Word "veto" (i Forbid) Originated With The Roman Tribunes, Who Had The Power To Annul Decrees Of The Senate And Civil Magistrates. It ...

The Speaker Of The
The Speaker Of The House. The Constitution Gives The House The Power Of Organ Ization And The Right To Elect Its Speaker And Other Offi Cers. The Term "speaker" Was First Applied To The Pre Siding Officer Of The British House Of Commons. In Our Country It Is Used To ...

The State Executive
The State Executive The Function Of The Executive Department In The States, As Well As In The Federal Government, Is To Take Care That The Laws Are Faithfully Executed. The Chief Executive Officer Is Styled The Governor. The Qualifications For This Office Vary Slightly In The Differ Ent States, But ...

The State Judiciary
The State Judiciary. The Judi Cial Power Of The States Is Vested In A Number Of Courts Which Are Graded From A Single Supreme Court, To A Large Number Of Inferior Courts Of Limited Jurisdic Tion. There Is Considerable Diversity In The Various Statcs In The Names Of The Courts ...

The States
The States. As A Result Of The Thirteen States Or Colonies Secured Their Inde Pendence And Later Established The Federal Government Which We Have Been Considering. But From The First The People Of These States Have Retained And Perfected Their Political Orginzation Within The State For The Con Trol Of ...

The Taxing Power
The Taxing Power. One Of The Most Important Powers Possessed By Any Government Is That Which Secures To It An Income Adequate To Meet Its Legitimate Expenses. Under The Confederation The Central Government Was Dependent Upon The States, As Independent Sovereignties For Its Revenues, And Had No Power To Tax ...

The United States A
The United States A Federal State. The Constitution Fused The People Of The Several States Into One People Of The Larger United States. The Constitution Was Agreed Upon By Dele Gates Representing The States, Was Then Submitted To The People Of The Several States And By Them Adopted Through Delegates ...

The United States A_2
The United States A Federal Government. By The Constitution The United States Is Given Certain Powers, And Within The Scope Of This Grant It Is Sovereign And Supreme. Whatever Is Not Conferred Is Withheld, And Belongs To The Several States Or To The People Thereof. Calder V. Bull, 3 Dall., ...

Townships
Townships. Following Out The Policy Of Local Self-government, Offi Cers Are Elected In Each Township To Conduct The Af Fairs Of The State Therein, And Such Local Matters Of Government As Demand The Attention Of The People. These Officers Are Usually Denominated As Follows: Township Trustees Or Selectmen, Treasurer, Clerk, ...

Trades And Occupations
Trades And Occupations. Every Citizen Has The Right To En Gage In Lawful Business, And To Choose The Profession Or Business He Will Follow, But To A Reasonable Extent The State May Regulate All Trades And Occupations. And In Cases It Is Held That This Power Extends To Prohibit Callings ...

Treason
Treason. The Constitutional Defini Tion Of Treason Is That Of The Statute Of Treasons, 25 Edw., Iii. (1352.) It Excludes Constructive Treason By Declaring That The Intent Must Be Evidenced By An Overt Act, Specifically Named. A Mere Conspiracy To Sub Vert The Government Is No+ Treason, Unless There Is ...

Trial For Crime
Trial For Crime. Infamous Offenses Include All Such As Are Punished By Imprison Ment In The Penitentiary, Whether The Sentence In Eludes Hard Labor Or Not. They Involve Moral Turpi Tude In The Offender, Or Infamy In The Punishment, Or Both.—united States V. De Walt, 128 I.j. S., 393; Ex ...

Trusts Monopolies
Monopolies, Trusts, Etc. At Common Law All Combinations To Raise Prices By Engrossing And Controlling The Whole Supply Of A Commodity Were Held To Be Unlawful And Criminal. The Formation Of Trusts And Monopolies Were Treated As Conspiracies.-6 E. & Bl., 47; Law Re Ports, 2 Q. B., 193. These ...

Two Senators From Each
Two Senators From Each State. The Constitution Provides For Two Sena Tors From Each State. This Was The Result Of A Com Promise Between The Large And Small States. The Small States Demanded Equal Representation In One Of The Houses, Lest They Be Outvoted. The Senators In A Sense Represent ...

United States Citizenship
United States Citizenship. Previous To The Adoption Of The Fourteenth Amendment The Constitutional Provision In Regard To Citizenship Was Embraced In Article Iv., Section 2, Of The Consti Tution, And Under It Calhoun And His School Claimed That There Was No National Citizenship, As The Clause Re Ferred Exclusively To ...

Using The Mil Itia
Using The Mil Itia. Militia Means The Volunteer Forces Of The State As Distinguished From The Regular Army. They Are En Rolled And Officered, But Are State Forces Until Called Into The Service Of The United States. Congress Has Power To Provide For Calling Forth The Militia To Execute The ...

Vacancies Filled By Special
Vacancies Filled By Special Elections. In Carrying Out The Plan Of Forming A Popular Branch Of The National Legislature It Is Pro Vided That Vacancies In The Representation From Any State Shall Be Filled By Special Elections Called By The Executive Of The State. This Method Of Filling Va Cancies ...

Vacancies In The Senate
Vacancies In The Senate. Vacancies In The Senate Arc Filled Provisionally By The State Executive. The Importance Of A State's Repre Sentation Is Greater Than In The House. Appointment Is The Speediest Method Of Filling A Vacancy, And Was Selected That The States Might Not Be Deprived Of Their Representation. ...

War And Military Power
War And Military Power Of Congress. The Power Of Congress Over War And Military Matters Is Conferred By The Above Clauses. In The Prize Cases, 2 Black, 635, War Is Defined As "that State In Which A Nation Prosecutes Its Rights By Force." The Question In Dispute Was Whether The ...

Weights And Measures
Weights And Measures. Un Der This Power Congress Has Legalized The Metric Sys Tem And Established The Relations Between The Custo Mary Weights And The Lineal, Surface, And Liquid Meas Ures. The Power So Far As Exercised Is Exclusive, But Otherwise Each State May Regulate The Standard Of Weights And ...

What Law Governs The
What Law Governs The Courts. The Distinction Between The Com Mon Law And Equity Is Observed By The Federal Courts. There Is No Common Law Of The United States, And It Is The Common Law And Usages Of The Several States Which Govern The Decisions Of The Courts. When The ...

When And How Often
When And How Often Con Gress Meets. In Organizing The Three Depart Ments Of Government The Evident Purpose Of The Framers Of The Constitution Was To Make The Depart Ments As Nearly As Possible Independent Of One An Other. Hence The Constitution Provided For The As Sembling Of The Legislative ...

When Concurrent When Exclu
When Exclu Sive, When Concurrent. The Power Grant Ed Congress Over Commerce Does Not Necessarily Ex Clude The States From All Authority Over The Same Sub Jects, Provided They Do Not Interfere With The Actual Legislation Of Congress. But Where The Subject To Be Controlled Is National In Character, Or ...

Who May Be
Who May Be A The Constitution Prescribes The Qualifica Tions Of Representatives. They Were Easily Decided Upon By The Convention. That It Might Be A Truly Representative Body The Members Arc Required To Be Inhabitants Of The State In Which They May Be Chosen. In England A Member Of Parliament ...

Who May Vote For
Who May Vote For The Fixing Of The Qualification Of Electors Or Voters Is Left Primarily To The States To Determine. But All Whom They Qualify To Vote For The Most Nu Merous Branch Of The State Legislature Are Ipse Facto Qualified To Vote For Representatives. The States Have Variously ...

Written And Unwritten Con
Written And Unwritten Con Stitutions. Constitutions Are, 1, Written; Or, 2, Unwritten. 1. Written Constitutions. A Written Constitution Is One Whose Provisions Are Written In An Instrument Evidencing The Actual Frame Of Government. 2. Unwritten Constitutions. An Unwritten Consti Tution Is One Built Up By Usages, Decisions Of The High ...

Written Constitutions In The
Written Constitutions In The United States. The Constitution Of The United States And The Constitutions Of The Several States Are Written, And In Theory Can Be Changed Only By Written Amendments Made In The Manner Prescribed In The Constitutions Themselves. Our Written Consti Tutions Are Claimed To Possess The Advantages ...