Copyright, 1924, by Princeton University Press

PUBLISHED 1920

SECOND EDITION, 1921

THIRD EDITION, 1924

Second Printing, September, 1926
Third Printing, December, 1927

PRINTED AT THE PRINCETON UNIVERSITY PRESS, PRINCETON, U.S.A.

TH

Wair
5-2-2
19560

PREFACE

HE Constitution is here printed, for the most part, in the form in which it appears in Old South Leaflets, Number One.

I avail myself of this opportunity to express my thanks to two of my colleagues, Professor Dana C. Munro and Professor Christian Gauss-to the former for suggesting this small volume and to the latter for several ideas which have been incorporated in it to its improvement.

EDWARD S. CORWIN

TABLE OF CONTENTS

THE PREAMBLE

Twofold purpose of the Preamble

"We the People." "Do ordain and establish”

ARTICLE ONE

Congress and its powers

SECTION ONE

Vests legislative powers of the United States in Congress

SECTION TWo

Provides for the House of Representatives:

¶1. Who vote for Representatives. "Electors"

¶2. Who are eligible as Representatives. “Inhabitants”

13. The basis of representation. "Three-fifths of other persons"

¶4. Method of filling vacancies

15. The Speaker and his powers. Impeachment

SECTION THREE

Provides for the Senate:

TI. Number and method of choosing Senators. Has been su-
perseded by Amendment XVII

¶2. The original three classes of Senators. Vacancies

13. Who are eligible as Senators

14. The Vice-President to preside. The "casting vote"

¶5. The President pro tempore and other officers of the Senate

16. The trial of impeachments. What impeachments are, and

bow they are voted. Who are subject to them

"Treason, bribery, or other high crimes and misdemean-

ors." Some illustrations

The Senate as a court

17. The judgment in cases of impeachment. No "jeopardy of

life or limb"

SECTION FOUR

Elections of members of Congress and its assemblage:

1. Control by Congress over elections. Present legislation.

Regulation of campaign expenditures

¶2. The time of regular session. A proposed amendment to the

Constitution

5

5

5

5

6

6,7

7

8

8,9

9, 10

SECTION FIVE

Parliamentary rights of the two bouses:

11. Each bouse judge of elections and qualifications of its

members, and may compel attendance. “Qualifications”

12. Rules of procedure. Power to punish and expel members

¶3. Journal and “ayes” and “nays”

14. Rule regarding separate adjournments. Separate and

"concurrent" resolutions. Committees, investigations,

contempts. The Act of 1853

SECTION SIX

Privileges and disabilities of members:

1Ο

II

II

II, 12

TI. Compensation, immunity from arrest, freedom of debate 12, 13

12. Ineligibility to certain civil offices. Same of civil officers to

membership. “Cabinet System” versus “Presidential Sys-

tem"

SECTION SEVEN

Procedure in the enactment of laws:

1. Rule with regard to origination of revenue bills, without

effect today

¶2. The President's veto and how it may be overridden. “Two-

thirds" of each “bouse"

"Pocket vetoes." Early view of the veto and that held today

13. What proposals must be submitted to the President, what

ones need not

SECTION EIGHT

The most important section of the Constitution, being the

principal source of Congress's powers. Classification of

these powers

1. Congress's plenary power of taxation. Two exceptions

Rules governing the exercise of the power

"Duties,' "excises," "imposts," "direct taxes." The

Income Tax Case of 1895. Inheritance taxes

Congressional regulation of certain businesses by taxation

Congress's spending power

¶2. The borrowing power. National banks, legal tender notes,

etc.

13. The "Commerce Clause"

"Commerce" narrowly and broadly defined. “Among the

States." "To regulate"

13, 14

14

14, 15

15

16

16, 17

17, 18

18

18, 19

19, 20

20

20

21

21