« PředchozíPokračovat »
the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president.*]
The Congress may determine the time of choosing the electors,† and the day on which they shall give their votes; which day shall be the same throughout the United States.
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice-president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected.]
The president shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall take the following oath or affirmation :-"I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will to the best of my ability, preserve, protect and defend the constitution of the United States."
SECTION 2. The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be es
This clause is annulled. See amendments, art. xii.
See laws United States, vol. ii., chap. 103, sect. 9; and vol. iii., chap. 403.
The act of the state of Pennsylvania. of the 28th March, 1814 (providing, sect. 21, that the officers and privates of the militia of that state neglecting or refusing to serve when called into actual service, in pursuance of any order or requisition of the president of the United States, shall be liable to the penalties defined in the act of Congress of 28th Febru ary, 1795, chap. 277, or to any penalty which may have been prescribed since the date of that act, or which may hereafter be prescribed by any law of the United States, and also providing for the trial of such delinquents by a state court-martial, and that a list of the delinquents fined by such court should be furnished to the marshal of the United States, &c.; and also to the comptroller of the treasury of the United States, in order that the further proceedings directed to be had thereon by the laws of the United States might be com pleted), is not repugnant to the constitution and laws of the United States.-Houston vs Moore, 5 Wheaton, 1, 12.
tablished by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments.
The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.
SECTION 3. He shall from time to time give to the Congress informa tion of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
SECTION 4. The president, vice-president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
SECTION 1. The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.t
SECTION 2. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;-to all cases affecting ambassadors, other public ministers and consuls ;-to all cases of admiralty and maritime jurisdiction;-to controversies to which the United States shall be a party;-to controversies between two or more states;—between a state and citizens of another state;—between citizens of different states,‡-between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.§
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Congress may constitutionally impose upon the judges of the supreme court of the United States the burden of holding circuit courts.-Stuart vs. Laird, 1 Cranch, 299. † See laws of the United States, vol. ii., chap. 20.
A citizen of the District of Columbia is not a citizen of a state within the meaning of the constitution of the United States.-Hepburn et al vs. Ellzey, 2 Cranch, 445.
§ The supreme court of the United States has not power to issue a mandamus to a secre tary of state of the United States, it being an exercise of original jurisdiction not warranted by the constitution, notwithstanding the act of Congress.-Marbury vs. Madison, 1 Cranch, 137.
See a restriction of this provision.-Amendments, art. xi.
The appellate jurisdiction of the supreme court of the United States extends to a final judgment or decree in any suit in the highest court of law, or equity of a state, where is drawn in question the validity of a treaty, &c.-Martin vs. Hunter's lessee, 1 Wheaton, 304. Such judgment, &c., may be re-examined by writ of error, in the same manner as if ren dered in a circuit court.-Id.
If the cause has been once remanded before, and the state court decline or refuse to carry
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial
into effect the mandate of the supreme court thereon, this court will proceed to a final decision of the same, and award execution thereon.
Quere. Whether this court has authority to issue a mandamus to the state court to enforce a former judgment 2-Id., 362.
If the validity or construction of a treaty of the United States is drawn in question, and the decision is against its validity, or the title specially set up by either party under the treaty, this court has jurisdiction to ascertain that title, and determine its legal validity, and is not confined to the abstract construction of the treaty itself-Id., 362.
Quere. Whether the courts of the United States have jurisdiction of offences at common law against the United States ?-United States vs. Coolidge, 1 Wheaton, 415.
The courts of the United States have exclusive jurisdiction of all seizures made on land or water for a breach of the laws of the United States, and any intervention of a state authority, which by taking the thing seized out of the hands of the United States' officer, might obstruct the exercise of this jurisdiction, is illegal.-Slocum vs. Mayberry et al, 2 Wheaton, 1, 9.
In such a case the court of the United States have cognizance of the seizure, may enforce a redelivery of the thing by attachment or other summary process.-Id., 9.
The question under such a seizure, whether a forfeiture has been actually incurred, belongs exclusively to the courts of the United States, and it depends upon the final decree of such courts, whether the seizure is to be deemed rightful or tortuous-Id., 9, 10.
If the seizing officer refuse to institute proceedings to ascertain the forfeiture, the district court may, on application of the aggrieved party, compel the officer to proceed to adjudication, or to abandon the seizure.-Id., 10.
The jurisdiction of the circuit court of the United States extends to a case between citizens of Kentucky, claiming lands exceeding the value of five hundred dollars, under different grants, the one issued by the state of Kentucky, and the other by the state of Virginia, upon warrants issued by Virginia, and locations founded thereon, prior to the separation of Kentucky from Virginia. It is the grant which passes the legal title to the land, and if the controversy is founded upon the conflicting grants of different states, the judicial power of the courts of the United States extends to the case, whatever may have been the equitable title of the parties prior to the grant.-Colson et al vs. Lewis, 2 Wheaton, 377.
Under the judiciary of 1789, chap. 20. sect. 25, giving appellate jurisdiction to the supreme court of the United States, from the final judgment or decree of the highest court of law or equity of a state, in certain cases the writ of error may be directed to any court in which the record and judgment on which it is to act may be found; and if the record has been remitted by the highest court, &c., to another court of the state, it may be brought by the writ of error from that court.-Gelston vs. Hoyt, 3 Wheaton, 246, 303.
The remedies in the courts of the United States at common law and in equity are to be, not according to the practice of state courts, but according to the principles of common law and equity as defined in England. This doctrine reconciled with the decisions of the courts of Tennessee, permitting an equitable title to be asserted in an action at law.-Robinson vs Campbell, 3 Wheaton, 221.
Remedies in respect to real property, are to be pursued according to the lex loci rei sitae. -Id., 219.
The courts of the United States have exclusive cognizance of questions of forfeiture upon all seizures made under the laws of the United States, and it is not competent for a state court to entertain or decide such question of forfeiture. If a sentence of condemnation be definitively pronounced by the proper court of the United States, it is conclusive that a forfeiture is incurred; if a sentence of acquittal, it is equally conclusive against the forfeiture, and in either case the question can not be again litigated in any common law for ever.-Gelston vs. Hoy, 3 Wheaton, 246, 311.
Where a seizure is made for a supposed forfeiture under a law of the United States, no action of trespass lies in any common-law tribunal, until a final decree is pronounced upon the proceeding in rem to enforce such forfeiture: for it depends upon the final decreee of the court proceeding in rem, whether such seizure is to be deemed rightful or tortuous, and the action, if brought before such decree is made, is brought too soon.—.
-Id., 313. If a suit be brought against the seizing officer for the supposed trespass while the suit for the forfeiture is depending, the fact of such pending may be pleaded in abatement, or as a temporary bar of the action. If after a decree of condemnation, then that fact may be pleaded as a bar: if after an acquittal with a certificate of reasonable cause of seizure, then that may be pleaded as a bar. If after an acquittal without such certificate, then the officer is without any justification for the seizure, and it is definitively settled to be a tortuous act. If to an action of trespass in a state court for a seizure, the seizing officer plead the fact of forfeiture in his defence without averring a lis pendens, or a condemnation, or an acquittal, with a certificate of reasonable cause of seizure, the plea is bad: for it attempts to put in issue the question of forfeiture in a state court.-Id., 314.
Supposing that the third article of the constitution of the United States which declares, that the judicial power shall extend to all cases of admiralty and maritime jurisdiction"
shall be at such place or places as the Congress may by law have directed.*
SECTION 3. Treason against the United States, shall consist only in
vested in the United States exclusive jurisdiction of all such cases, and that a murder com mitted in the waters of a state where the tide ebbs and flows, is a case of admiralty and maritime jurisdiction; yet Congress have not, in the 8th section of the act of 1790, chap. 9, "for the punishment of certain crimes against the United States," so exercised this power, as to confer on the courts of the United States jurisdiction over such murder.-United States vs. Bevans, 3 Wheaton, 336, 387.
Quere. Whether courts of common law have concurrent jurisdiction with the admiralty over murder committed in bays, &c., which are enclosed parts of the sea?-Id., 387.
The grant to the United States in the constitution of all cases of admiralty and maritime jurisdiction, does not extend to a cession of the waters in which those cases may arise, or of general jurisdiction over the same. Congress may pass all laws which are necessary for giving the most complete effect to the exercise of the admiralty and maritime jurisdiction granted to the government of the Union; but the general jurisdiction over the place subject to this grant, adheres to the territory as a portion of territory not yet given away, and the residuary powers of legislation still remain in the state-Id., 389.
The supreme court of the United States has constitutionally appellate jurisdiction under the judiciary act of 1789, chap. 20, sect. 25, from the final judgment or decree of the highest court of law or equity of a state having jurisdiction of the subject matter of the suit, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity or where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of such their validity: or of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party under such clause of the constitution, treaty, statute, or commission.-Cohens vs. Virginia, 6 Wheaton, 264, 375.
It is no objection to the exercise of this appellate jurisdiction, that one of the parties is a state, and the other a citizen of that state.-Id.
The circuit courts of the Union have chancery jurisdiction in every state: they have the same chancery powers, and the same rules of decision in equity cases, in all the states.United States vs. Howland, 4 Wheaton, 108, 115.
Resolutions of the legislature of Virginia of 1810, upon the proposition from Pennsylvania to amend the constitution, so as to provide an impartial tribunal to decide disputes be tween the state and federal judiciaries.-Note to Cohens vs. Virginia. Notes 6 Wheaton, 358.
Where a cause is brought to this court by writ of error, or appeal from the highest court of law, or equity of a state, under the 25th section of the judiciary act of 1789, chap. 20, upon the ground that the validity of a statute of the United States was drawn in question, and that the decision of the state court was against its validity, &c., or that the validity of the statute of a state was drawn in question as repugnant to the constitution of the United States, and the decision was in favor of its validity, it must appear from the record, that the act of Congress, or the constitutionality of the state law, was drawn in question.-Miller vs. icholls, 4 Wheaton, 311,
But it is not required that the record should in terms state a misconstruction of the act of Congress, or that it was drawn into question. It is sufficient to give this court jurisdic tion of the cause, that the record should show that an act of Congress was applicable to the case.-I., 315.
The supreme court of the United States has no jurisdiction under the 25th section of the judiciary act of 1789, chap. 20, unless the judgment or decree of the state court be a final judgment or decree. A judgment reversing that of an inferior court, and awarding a venire facias de novo, is not a final judgment.-Houston vs. Moore, 3 Wheaton, 433.
By the compact of 1802, settling the boundary line between Virginia and Tennessee, and the laws made in pursuance thereof, it is declared that all claims and titles to land derived from Virginia, or North Carolina, or Tennessee, which have fallen into the respective states, shall remain as secure to the owners thereof, as if derived from the government within whose boundary they have fallen, and shall not be prejudiced or affected by the establishment of the line. Where the titles of both the plaintiff and defendant in ejectment were derived under grant from Virginia to lands which fell within the limits of Tennessee, it was held that a prior settlement right thereto, which would in equity give the party a title, could not be asserted as a sufficient title in an action of ejectment brought in the circuit court of Ten. nessee.-Robinson vs. Campbell, 3 Wheaton, 212.
Although the state courts of Tennessee have decided that, under their statutes (declaring an elder grant founded on a junior entry to be void), a junior patent, founded on a prior entry, shall prevail at law against a senior patent founded on a junior entry, this doctrine has never been extended beyond cases within the express provision of the statute of Tennessee, and could not apply to titles deriving all their validity from the laws of Virginia, and confirmed by the compact between the two states.-Id., 212.
See amendments, art vi.
levying war against them, or in adhering to their enemies, giving them aid and comfort.
No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.*
SECTION 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.‡
SECTION 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor in one state, under the laws thereof escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
SECTION 3. New states may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
SECTION 4. The United States shall guaranty to every state in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature can not be convened) against domestic violence.
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made
See laws of the United States, vol. ii., chap. 36.
A judgment of a state court has the same credit, validity, and effect, in every other court within the United States, which it had in the court where it was rendered; and whatever pleas would be good to a suit thereon in such state, and none others can be pleaded in any other court within the United States.-Hampton vs. McConnell, 3 Wheaton, 234.
The record of a judgment in one state is conclusive evidence in another, although it ap pears that the suit in which it was rendered, was commenced by an attachment of property the defendant having afterward appeared and taken defence.-Mayhew vs. Thacher, 6 Whea tor, 129.
See laws United States, vol. ii., chap. 38; and vol. iii., chap. 409.