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ment is both cruel and unusual it is unconstitutional. Electrocution is unusual, but is not held to be cruel.


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

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.

168. Not All Rights Possible of Enumeration. -As it was not possible to enumerate all the rights of the people it was thought prudent to state that such as are not enumerated should not therefore be denied or disparaged; for instance, the right to establish schools.

169. “Or to the People.”—Whatever powers are not incorporated in the Constitution of the United States or in the constitutions of the States belong to the people. For instance, the power to build and operate railroads has not been given either to the United States or to the States, so it still belongs to the people.

Questions on Amendments I to X.-What does the first amendment prohibit? What kind of state needs a militia? Why? When shall a soldier not be quartered in a house without the owner's consent? How is the matter regulated in time of war? What things are secured against search? On what conditions shall a warrant issue? What must it describe? What is a capital crime? What kind of offenses need not be brought before a grand jury? How many times can a person be put in jeopardy of life or limb? Under what circumstances would a person choose to be tried again after conviction? May a prisoner appear as a witness in his own trial? Of what can a person not be deprived without due process of law? How may private property be taken? For what purpose? What kind of trial is a criminal entitled to? What kind of jury? Of what must he be informed before trial? Can he be confronted with the testi

mony of a dying person? How does he get unwilling witnesses? Can he be tried without counsel? In what kind of civil cases is a jury trial guaranteed?


The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against any of the United States by citizens of another State, or by citizens or subjects of any foreign state.

170. Occasion of Its Adoption.--This amendment was brought about by the fact that a citizen of South Carolina, in 1792, sued the State of Georgia in the United States Supreme Court, basing his right to do so on Section 2, Article III, where it says that the judicial power "shall extend to controversies between a State and citizens of another State.” When the people learned that it was possible for a State to be brought into the United States court by a citizen of another State without the consent of the former State (see p. 98), they demanded the amendment.

Questions on the Amendment.—Can a State sue another State in the United States courts? If so, in which one? What classes of people cannot sue a State in this way? Can one foreign nation sue another? If not, what's the remedy?



171. Occasion of Its Adoption.-According to the original clause providing for the election of President and Vice-President, the candidate getting the highest number of electoral votes was to be President; and the one receiv

* For the text of this amendment, see p. 80.

ing the next highest was to be Vice-President, provided each had a majority of all the votes in the Electoral College. In 1800 both Jefferson and Burr had received a majority, but each had the same number of votes. Thus the election was thrown into the House, where it took thirtysix ballots, extending through a period of seven days, to elect Jefferson and Burr. The country was in such a state of excitement that there was danger of civil war. To prevent the recurrence of such conditions the Twelfth Amendment was adopted, requiring that the electoral votes must be cast separately for President and VicePresident.


172. Their Necessity.–For sixty years after the Twelfth Amendment was made, in 1804, the Constitution stood still. But the Civil War made amendment necessary, in order to establish permanently the freedom of the slave race and give protection to the newly made freeman and citizen.


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.

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

173. A Final Abolition.-Slavery had already been abolished by Congress in the District of Columbia and the Territories. President Lincoln had freed the slaves January 1, 1863, in all States and parts of States where

the people were then in armed rebellion against the Government of the United States; but his proclamation did not free the slaves in other States and parts of States. Nor did he abolish the institution of slavery anywhere; he simply freed the people then in slavery in some places. So in order to free the slaves everywhere and prevent the reëstablishment of slavery anywhere the Thirteenth Amendment was passed.

This amendment prohibits every form of involuntary servitude, in which are included Mexican peonage and the Chinese coolie trade.

Questions on the Sections.-What exception is made to involuntary servitude? Does the amendment have force in our “insular possessions”? Why was the second section added to the amendment?


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.

Sec. 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 officers 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 crimes, the basis of representation 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.

SEC. 3. No person shall be a Senator or Representative in Congress or elector of President or Vice President, or hold 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.

SEC. 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.

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

174. Definition of Citizenship. - The Fourteenth Amendment contains another one of the few definitions in the Constitution (see p. 103), namely, that of citizenship. By the decision of the Supreme Court in the Dred Scott case no negro, bond or free, could be or become a citizen of the United States. As that decision, unless reversed by the Supreme Court at a later time, would have been the supreme law of the land ever after, a definition of citizenship making the Dred Scott decision null and void was incorporated in the Fourteenth Amendment.

175. What a State Shall Not Abridge. It should be noticed that in the first ten amendments the United States is prohibited from encroaching upon certain rights of the people. In the last three the States are prohibited from encroaching upon certain rights of the people. The “ privileges and immunities” referred to here are those

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