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members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secresy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.

Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SECTION 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.

SECTION 7. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills.

Every bill which shall have passed the house of representatives and tho senate, shall, before it become a law, be presented to the president of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree o pass the bill, it shall be sent, together with the objections, to the other nouse, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

Every order, resolution, or vote to which the concurrence of the senate

and authority of the same; and had ordered that the speaker should issue his warrant to the sergeant-at-arms, commanding him to take the plaintiff into custody wherever to be found, and to have him before the said house to answer to the said charge; and that the speaker did accordingly issue such a warrant, reciting the said resolution and order, and commanding the sergeant-at-arms to take the plaintiff into custody, &c., and deliver the said warrant to the defendant: by virtue of which warrant the defendant arrested the plain. tiff, and conveyed him to the bar of the house, where he was heard in his defence touching the matter of said charge, and the examination being adjourned from day to day, and the house having ordered the plaintiff to be detained in custody, he was accordingly detained by the defendant until he was finally adjudged to be guilty and convicted of the charge aforesaid, and ordered to be forthwith brought to the bar and reprimanded by the speaker, and then discharged from custody, and after being thus reprimanded, was actually dis charged from the arrest and custody aforesaid -Anderson vs. Dunn, 6 Wheaton, 204.

and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.

SECTION 8. The Congress shall have power to lay and collect taxes,* duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish an uniform rule of naturalization,† and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish postoffices and postroads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the supreme court;

To define and punish piracies and felonies committed on the high seas, and offences against the law of nations ;||

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions;

The power of Congress to lay and collect taxes, duties, &c., extends to the District of Columbia, and to the territories of the United States, as well as to the states.-Loughborough vs. Blake, 5 Wheaton, 318. But Congress are not bound to extend a direct tax to the district and territories.-Id., 318.

Under the constitution of the United States, the power of naturalization is exclusively in Congress.-Chivac vs. Chivac, 2 Wheaton, 259.

See laws United States, vol. ii., chap. 30'; ii., 261; iii., 71; iii., 288; iii., 400; iv., 564; vi., 32.

Since the adoption of the constitution of the United States, a state has authority to pass a bankrupt law, provided such law does not impair the obligation of contracts within the meaning of the constitution (art. i., sect. 10), and provided there be no act of Congress in force to establish a uniform system of bankruptcy conflicting with such law.-Sturgess vs. Crowninshield, 4 Wheaton, 122, 192.

See laws United States, vol. ii., chap. 368, sect. 2: iii., 66; iii., 158.

The act of the 3d March, 1819, chap. 76, sect. 5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to de. fine and punish that crime.-United States vs. Smith, 5 Wheaton, 153, 157.

Congress have power to provide for the punishment of offences committed by persons on board a ship-of-war of the United States, wherever that ship may lie. But Congress have not exercised that power in the case of a ship lying in the waters of the United States, the words within fort, arsenal, dockyard, magazine, or in any other place or district of country under the sole and exclusive jurisdiction of the United States, in the third section of the act of 1790, chap. 9, not extending to a ship-of-war, but only to objects in their nature, fixed and territorial-United States vs. Bevans, 3 Wheaton, 890.

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;*

To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings ;-And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.

SECTION 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by

• Vide amendments, art. ii.

† Congress has authority to impose a direct tax on the District of Columbia, in propor tion to the census directed to be taken by the constitution.-Loughborough vs. Blake, 5 Wheaton, 317.

But Congress are not bound to extend a direct tax to the district and territories.-Id., 322. The power of Congress to exercise exclusive jurisdiction in all cases whatsoever within the District of Columbia, includes the power of taxing it.-Id., 324.

Whenever the terms in which a power is granted by the constitution to Congress, or whenever the nature of the power itself requires that it should be exercised exclusively by Congress, the subject is as completely taken away from the state legislatures as if they had ( been expressly forbidden to act on it.-Sturgess vs. Crowninshield, 4 Wheaton, 193.

Congress has power to incorporate a bank.-McCulloch vs. State of Maryland, 4 Wheaton

316.

The power of establishing a corporation is not a distinct sovereign power or end of gov ernment, but only the means of carrying into effect other powers which are sovereign Whenever it becomes an appropriate means of exercising any of the powers given by the constitution to the government of the Union, it may be exercised by that government.—Id., 411, 421.

If a certain means to carry into effect any of the powers expressly given by the constitu tion to the government of the Union, be an appropriate measure, not prohibited by the constitution, the degree of its necessity is a question of legislative discretion, not of judicial cognizance.-Id., 421.

The act of the 19th April, 1816, chap. 44, to incorporate the subscribers to the bank of the United States, is a law made in pursuance of the constitution.-Id., 424.

The bank of the United States has constitutionally a right to establish its branches or offices of discount and deposite within any state.-Id., 424.

There is nothing in the constitution of the United States similar to the articles of confederation, which excludes incidental or implied powers.-Id., 403.

If the end be legitimate, and within the scope of the constitution, all the means which are appropriate, which are plainly adapted to that end, and which are not prohibited, may constitutionally be employed to carry it into effect. Id., 421.

The powers granted to Congress are not exclusive of similar powers existing in the states, unless where the constitution has expressly in terms given an exclusive power to Congress, or the exercise of a like power is prohibited to the states, or there is a direct re pugnancy or incompatibility in the exercise of it by the states.-Houston vs. Moore, 5 Whea ton, 49.

The example of the first class is to be found in the exclusive legislation delegated to Con gress over places purchased by the consent of the legislature of the state in which the same shall be for forts, arsenals, dockyards, &c. Of the second class, the prohibition of a state to coin money or emit bills of credit. Of the third class, the power to establish a uniform rule of naturalization, and the delegation of admiralty and maritime jurisdiction. -Id., 49.

In all other classes of cases the states retain concurrent authority with Congress.-Id., 48. But in cases of concurrent authority, where the laws of the states and of the Union are in direct and manifest collision on the same subject, those of the Union being the supreme law of the land, are of paramount authority, and the state so far, and so far only as such incompatibility exists, must necessarily yield.-Id., 49.

The state within which a branch of the United States bank may be established, can not

the 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.

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.

No bill of attainder or ex post facto law shall be passed.

No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken.

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.

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.

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.

SECTION 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

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without violating the constitution, tax that branch.-McCulloch vs. State of Maryland, 4 Wheaton, 425.

The state governments have no right to tax any of the constitutional means employed by the government of the Union to execute its constitutional powers.-Id., 427.

The states have no power by taxation, or otherwise, to retard, impede, burden, or in any manner control, the operation of the constitutional laws enacted by Congress, to carry into effect the powers vested in the national government.-Id., 436.

This principle does not extend to a tax paid by the real property of the bank of the United States, in common with the other real property in a particular state, nor to a tax im. posed on the proprietary which the citizens of that state may hold in common with the other property of the same description throughout the state.-Id.. 436.

Where a law is in its nature a contract, where absolute rights have vested under that contract, a repeal of the law can not divest those rights.-Fletcher vs. Peck, 6 Cranch, 88. A party to a contract can not pronounce its own deed invalid, although that party be a sovereign state.―ld., 88.

A grant is a contract executed.-Id., 89.

A law annulling conveyance is unconstitutional, because it is a law impairing the obliga. tion of contracts within the meaning of the constitution of the United States.-Id.

The court will not declare a law to be unconstitutional, unless the opposition between the constitution and the law be clear and plain.-I., 87.

An act of the legislature of a state, declaring that certain lands which should be pur chased for the Indians should not thereafter be subject to any tax, constituted a contract which could not, after the adoption of the constitution of the United States, be rescinded by a subsequent legislative act; such rescinding act being void under the constitution of the United States.-State of New Jersey vs. Wilson, 7 Cranch, 164.

The present constitution of the United States did not commence its operation until the first Wednesday in March, 1789, and the provision in the constitution, that "no state shall make any law impairing the obligation of contracts," does not extend to a state law enacted before that day, and operating upon rights of property vesting before that time.-Owings vs. Speed, 5 Wheaton, 420, 421.

An act of a state legislature, which discharges a debtor from all liability for debts contracted previous to his discharge, on his surrendering his property for the benefit of his creditors, is a law impairing "the obligations of contracts," within the meaning of the con stitution of the United States, so far as it attempts to discharge the contract; and it makes no difference in such a case, that the suit was brought in a state court of the state of which both the parties were citizens where the contract was made, and the discharge obtained,

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net 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 the Congress.

No state shall, without the consent of Congress, lay any duty of tonnage, 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.

ARTICLE II.

SECTION 1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years,* and, together with the vice-president, chosen for the same term, be elected, as follows:

Each state shall appoint, in such manner as the legislature thereof may direct,† a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress : but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

[The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; and if no person have a majority, then from the five highest on the list the said house shall in like manner choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quoruin for this purpose shall consist of a member or members from two thirds of the states, and a majority of

and where they continued to reside until the suit was brought.-Farmers and Mechanics' Bank vs. Smith, 6 Wheaton, 131.

The act of New York, passed on the 3d of April, 1811 (which not only liberates the person of the debtor, but discharges him from all liability for any debt contracted previous to his discharge, on his surrendering his property in the manner it prescribes), so far as it attempts to discharge the contract, is a law impairing the obligation of contracts within the meaning of the constitution of the United States, and is not a good plea in bar of an action brought upon such contract-Sturgess vs. Crowninshield, 4 Wheaton, 122, 197.

Statutes of limitation and usury laws, unless retroactive in their effect, do not impair the obligation of contracts, and are constitutional.-Id., 206.

A state bankrupt or insolvent law (which not only liberates the person of the debtor, but discharges him from all liability for the debt), so far as it attempts to discharge he con tract, is repugnant to the constitution of the United States, and it makes no difference in the application of this principle, whether the law was passed before or after the debt was contracted.-McMillan vs. McNeill, 4 Wheaton, 209.

The charter granted by the British crown to the trustees of Dartmouth college, in New Hampshire, in the year 1769, is a contract within the meaning of that clause of the consti tution of the United States (art. i., sect. 10) which declares, that no state shall make any law impairing the obligations of contracts. The charter was not dissolved by the revolu tion.-College vs. Woodard, 4 Wheaton, 518.

An act of the state legislature of New Hampshire, altering the charter of Dartmouth col lege in a material respect, without the consent of the corporation, is an act impairing the obligation of the charter, and is unconstitutional and void.—Id., 518.

‡ Vide amendments, art. xii.

See laws United States, vol. ii., chap. 109, sect. 12. † See laws United States, vol. ii., chap. 109.

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