Gambar halaman
PDF
ePub

LIST OF ABBREVIATIONS.

Add.
Am. L.J.
Am. L. Reg.
Ash.
Bald.
Binn.
Binns's Just.
Bouv. Inst.
Brewst.
Bright. Costs
Bright. Elect. Cas.
Bright. .
Bro.
C. C.
Chest. Co. R.
Clark
C. P. Rep.
Crabbe.
Dall.
Dall. L.
Dunl. Forms

G.

.

Gr.
Grayd. Forms
Ing.
Kulp
Lack. P. Rec.
L Bar.
L. I.
L. Law Rev.
Law Times
Leg. & Ins. R.
Leg. Gaz.
Leg: Gaz. R.
Leg. Rec. R.
Lewis's C. L.
Luz. L. Obs.
Luz. L. Reg.
M.
MS.
Pars.
P. C. C.
P. & W.
Pears.
P. L. J.
Penn. L.J.
P. S.
Penny.
Phila.
Pitts.
P. L.
R.
Sm.
S. & R.
Susq. L. Chron.
T. & H. Pr. .
.
Wall. Jr. c. c.
Wall. C. C.
W. C. C.
W. N. C.
Wh.
Wh. C. L.
Wh. Prec.
W. & S.
Y.

Addison's Reports.
American Law Journal.
American Law Register.
Ashmead's Reports.
Baldwin's Reports.
Binney's Reports.
Binns's Justice.
Bouvier's Institutes.
Brewster's Reports.
Brightly on Costs.
Brightly's Election Cases.
Brightly's Reports.
Browne's Reports.
Pennsylvania County Court Reports.
Chester County Reports.
Pennsylvania Law Journal Reports.
Common Pleas Reporter.
Crabbe's Reports.
Dallas's Reports.
Dallas's Laws.
Dunlap's Forms.
Gilpin's Reports.
Grant's Cases.
Graydon's Forms.
Ingraham on Insolvency.
Kulp's Reports.
Lackawanna Legal Record.
Lancaster Bar.
Legal Intelligencer.
Lancaster Law Review.
Law Times.
Legal and Insurance Reporter.
Legal Gazette.
Legal Gazette Reports.
Legal Record Reports.
Lewis's Criminal Law.
Luzerne Legal Observer.
Luzerne Legal Register.
Miles's Reports.
Manuscript Cases.
Parsons's Select Cases.
Peters's Circuit Court Reports.
Penrose and Watts's Reports.
Pearsons's Reports.
Pittsburgh Legal Journal.
Pennsylvania Law Journal.
Pennsylvania State Reports.
Penny packer's Reports.
Philadelphia Reports.
Pittsburgh Reports.
Pamphlet Laws.
Rawle's Reports.
Smith and Reed's Laws.
Sergeant and Rawle's Reports.
Susquehanna Legal Chronicle.
Troubat and Haly's Practice.
Watts's Reports.
Wallace, Jr.'s Reports.
Wallace, Sr.'s Reports.
Washington's Circuit Court Reports.
Weekly Notes of Cases.
Wharton's Reports.
Wharton's Criminal Law.
Wharton's Precedents of Indictments.
Watts and Sergeant's Reports.

Yeates's Reports.

[ocr errors][merged small][merged small][merged small]

1. Preamble.

ARTICLE II.
ARTICLE I.

36. Executive power to be vested in a president.

Term of ottice. 2. Legislative power.

37. Mode of election. 3. House of representatives.

38. Meeting of electors. 4. Qualification of members.

39. Time of election. 5. Apportionment of representatives and direct

40. Qualifications of the president. taxes. Census. Number of representatives.

41. Vacancy. 6. Vacancies.

42. Compensation. 7. Officers. Impeachments.

43. Oath of othce. 8. Senate.

44. Powers and duties of the president. Com9. Classification. Vacancies.

mander in chief of the army and navy. May require 10. Qualifications.

opinion of department officers. Reprieves and par11. President of the senate.

dons. 12. Officers and president pro tem.

45. Treaties. Appointing power. 13. Trial of impeachments.

46. Vacancies during recess. 14. Judgment in impeachments.

47. Messages to congress. Extraordinary sessions. 15. Election of members of congress.

Disagreement as to adjournment. Shall receive am16. Congress to meet annually.

bassadors and ministers. Faithfully execute the laws. 17. Powers of each house.

Commission all United States officers. 18. To determine its own rules and to punish and

48. Impeachment. expel. 19. Journals. Yeas and nays.

ARTICLE III. 20. Adjournment.

21. Compensation of senators and representatives. 49. Judicial power of the United States to be vested Privileges from arrest. Debate.

in a supreme court and inferior courts. Tenure and 22. Exclusion from other office.

compensation of the judges. 23. Revenue bills to originate in the house.

50. Extent of the judicial power of the United 24. Manner of passing bills. Veto power. Passage States. over veto.

51. Original jurisdiction of the supreme court. Ap25. All orders and resolutions to be presented to pellate jurisdiction. the president and approved by him.

52. Trial of crimes to be by jury. Place of trial. 26. General powers of congress. Taxation. Loans. 53. Treason defined. Two witnesses necessary. Regulation of commerce. Naturalization and bank- 54. Punishment of treason. ruptcy. Coining money. Weights and measures. To punish counterfeiting. To establish post-offices.

ARTICLE IV. Patents and copyrights. To constitute inferior courts. Piracies and felonies on the high seas. De- 55. Faith and credit to be given to state records clare war. Letters of marque and reprisal. To raise and judicial proceedings of other states. Proof of and support armies. Navy. Government of land and records. naval forces. Calling forth militia. Exclusive legis- 56. Citizens of each state to be entitled to all the lation at the seat of government and other govern- privileges and immunities of citizens in the several ment places. To make laws for carrying out vested

states, powers.

57. Fugitives from justice. 27. Slave trade.

58. Fugitives from labor. 28. Habeas corpus not to be suspended.

59. Admission of new states. 29. No bill of attainder or ex post facto law to be

60. Territories. passed.

61. Every state to be guaranteed a republican form 30. Direct taxes.

of government and against domestic violence. 31. No tax or duty to be laid on articles exported from any state. Port duties.

ARTICLE V. 32. Receipts and expenditures.

62. Amendments to the constitution. 33. Titles of nobility not to be granted. Presents not to be received from foreign states.

ARTICLE VI. 34. Limitation of the powers of the states.

35. Imposts. Tonnage duties. Troops and ships 63. Debts of the United States contracted before of war.

the constitution.

64. Constitution and laws and treaties to be the 74. Trial by jury guaranteed in civil cases. supreme law of the land.

75. Bail, fines, punishment. 05. Oaths of ottice. No religious test.

76. Reserved rights.
77. Powers not delegated, reserved.

78. Limitation of judicial power.
ARTICLE VII.

79. Meeting of presidential electors and election of 66. Ratification.

president. 67. Attestation,

80. Election of vice-president.

81. Eligibility to vice-presidency. AMENDMENTS TO THE CONSTITUTION.

82. Slavery abolished.

83. Power of congress to enforce. 68. Freedom of religion, of speech and of the press. 84. Citizenship detined. Privileges or immunities Right of petition.

of citizens not to be abridged. Due process of law. 69. Right of the people to keep and bear arms. Equal protection of the laws. 70. Quartering of troops.

85. Apportionment of representatives. 71. Searches and seizures. Warrants.

86. Persons engaged in the rebellion disqualified 72. No trial for crime except upon indictment. from holding office. Disability may be removed. Not to be twice put in jeopardy. Self-crimination. 87. Public debt incurred for pensions and bounties Due process of law. Compensation for private prop- in suppressing the rebellion guaranteed. No debt to erty taken for public use.

be assumed incurred in aid of the rebellion or for the 73. Accused to have a speedy and public trial by an loss of slaves. impartial jury of the district; to be informed of the 88. Power of congress to enforce. nature and cause of the accusation; confronted with 89. Elective franchise not to be denied on account witnesses; compulsory process for witnesses. Right of race, color or previous condition of servitude. to counsel.

90. Power of congress to enforce.

Preamble.

1. WE, THE PEOPLE(a) OF THE UNITED STATES,(b) in order to form a more perfect union,(c) establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity,(d) do ordain and establish this Constitution for the United States of America.(e)

Art. 1. Sect. 1.

ARTICLE I. Legislative power.

2. All legislative powers herein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of representatives.(9)

3. The house of representatives shall be composed of members chosen every House of repre

second year by the people of the several states ;(h) and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

Art. 1. Sect. 2.

sentatives.

(a) This constitution went into operation on the self-government by the states; the constitution looks first Wednesday in March 1789. Owings v. Speed, 5 to an indestructible union, composed of indestructible Wheat. 420.

states. Teras v. White, 7 Wall. 700. The relation of (b) The constitution was ordained and established, one of the United States to its citizens is not that of jot by the states in their sovereign capacities, but an independent sovereign state to its subjects; a er. phatically, as the preamble declares, by the sovereign state seeking redress of another sovereign people of the United States.” Martin v. Hunter's state on behalf of its subjects, can resort to war on Lesset, 1 Wheat. 324. Banks v. Greenleaf, 6 Call. refusal, which a state cannot do. Neu Hampshire v. 277. It quired not the affirmance, and could not be Louisiana, 108 U. S. 76. The government of the negatived by the state governments. When adopted, United States, though limited in its powers, is suit was of complete obligation, and bound the state preme within its sphere of action. McCulloch v. sovereignties, McCulloch v. Maryland, 4 Wheat. 404; Maryland, 4 Wheat. 405. United States v. Cathcart, Chisholm v. Georgia, 2 Dall. 471; Cohens v. Virginia, 1 Bond 556. Tennessee v. Davis, 100 U. S. 257. Its 6 Wheat. 414; which are not independent states, with authority extends over the whole territory of the respect to the government of the United States; but Union, acting upon the states, and the people of the are dependent and subordinate for all the specific states. Ibid. purposes for which it was adopted, The General Park- (d) The preamble to the constitution is constantly hill, 19 July 1861, Pamph.; but retain, in severalty, referred to, by statesmen and jurists, to aid them in a distinct but qualified sovereignty. Hubbard v. the exposition of its provisions. See Chisholm v. Northern Railroad Co., 3 Bl. C. C. 88. It is not, how- Georgia, 2 Dall. 475; Brown v. Maryland, 12 Wheat. ever, to be inferred from the language of the judges 455-6. 1 Story Const. ch. 6. of the supreme court, in these cases, that the pream- (e) The United States is a government, and conseble to the constitution points to the majority of the quently, a body politic and corporate, capable of whole people of the United States, in their aggregate attaining the objects for which it was created, by the collective capacity, as the original depositary of this means which are necessary for their attainment. power; the true doctrine would seem to be, that the United States v. Maurice, 2 Brock. 109. Respublica constitution was adopted by the people of the several V. Sweers, 1 Dall. 44. Through the instrumentality states which had been previously confederated under of the proper department to which those powers are the name of the United States, acting through the dels confided, it may enter into contracts not prohibited egates by whom they were respectively represented in by law, and appropriate to the just exercise of those the convention which formed the constitution. Bald- powers. United States v. Tinger, 5 Pet. 128. United win's Constitutional Views 29442. And see Worces- States v. Bradley, 10 Ibid. 313. United States v. ter v. Georgia, 6 Pet, 569, where it is said by Mc- Linn, 15 Ibid. 200. As a corporation, it has capacity Lean, J., to have been formed “by a combined power to sue, by its corporate title. Diron v. United States, exercised by the people, through their delegates, 1 Brock. 177. Dugan v. United States, 3 Wheat. limited in their sanctions to the respective states." 181. It may compromise a suit, and receive real and See also 2 Wilson's Works 120. 2 Spr. 602.

other property in discharge of the debt, in trust, and (c) The union of the states is indissoluble by the sell the same. United States v. Lane's Adminisact of any portion of them. Tesas v. White, 7 Wall. trators, 3 McLean 365. Neilson v. Layow, 12 How. 700. United States v. Cathcart, 1 Bond 556.

An or

107-8. dinance of secession is a mere nullity.

White v.

(9) See 1 Story Const. ch. 7-8. Cannon, 6 Wall. 443. But the perpetuity and indis- (h) See Latimer v. Patton, 1 Cong. Elect. Cas. solubility of the Union by no means implies the loss 69. of distinct and individual existence, or of the right of

Ibid.

Ibid.

Officers.

vote.

Ibid.

Ibid.

4. No person shall be a representative who shall not have attained to the age of Art. 1. Sect. 2. twenty-five years, and been seven years a citizen of the United States,(i) and who Qualification of shall not, when elected, be an inhabitant(k) of that state in which he shall be members. chosen (1)

5. Representatives and direct taxes(m) shall be apportioned among the several states(n) which may be included within this union, according to their respective numbers; which shall be determined by adding to the whole number of free Apportionment of persons, including those bound to service for a term of years, and excluding Indians and direct taxes. not taxed, three-fifths of all other persons.(0) The actual enumeration shall be

Census. made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, Number of but each state shall have at least one representative; and until such enumeration representatives. shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.(n)

6. When vacancies happen in the representation from any state, the executive Vacancies. authority thereof shall issue writs of election to fill such vacancies (9)

Ibid. 7. The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

Impeachments. 8. The senate of the United States shall be composed of two senators from each

Art. 1. Sect. 3. state, chosen by the legislature thereof for six years; and each senator shall have one

Senate. 9. Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the

Classification. senators of the first class shall be vacated at the expiration of the second year, of the second class, at the expiration of the fourth year, and of the third class, at the

Ibid. expiration of the sixth year, so that one-third may be chosen every second year ;(r) and if vacancies happen by resignation(s) or otherwise, during the recess of the Vacancies. legislature of any state, the executive thereof may make temporary appointments(1) until the next meeting of the legislature, which shall then fill such vacancies.

10. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, (u) and who shall not Qualifications. when elected, be an inhabitant of that state for which he shall be chosen.

Ibid. 11. The vice-president of the United States shall be president of the senate,(v) President of the but shall have no vote, unless they be equally divided. (i) See Ramsey v. Smith, 1 Cong. Elect. Cas. 23. Louisiana

North Dakota . 1 (k) See Key's Case, 1 Cong. Elect. Cas. 224. An Maine

Ohio

21 inhabitant of a state, is one who is bonâ fide a Maryland.

Oregon member of the state, subject to all the requisitions of Massachusetts

Pennsylvania 29 its laws, and entitled to all the privileges and advan- Michigan

12 Rhode Island tages which they conser." Bailey's Case, 1 Cong. Minnesota

South Carolina. Elect. Cas. 411. A person residing in the District of Mississippi

7 South Dakota 2 Columbia, though in the employment of the general Missouri

15
Tennessee

10 government, is not an inhabitant of a state, so as to Montana

1 Texas be eligible to a seat in congress. Ibid. But a citizen Nebraska.

6 Vermont of the United States residing as a publie minister at a Nevada

Virginia foreign court, does not lose his character of inhabi- New Hampshire 2 Washington

2 tant of that state of which he is a citizen, so as to be New Jersey

West Virginia disqualitied for election to congress. Ibid. Forsyth's New York

34 Wisconsin Case, Ibid. 497.

North Carolina.

Wyoming . (1) The constitution having fixed the qualifications

The following territories of the United States each of members, no additional qualifications can right send one delegate to congress, viz.: Alaska, Arizona, fully be required by the states. Barney v. McCreery, District of Columbia, New Mexico, Oklahoma and Utah. 1 Cong. Elect. Cas. 167.

(9) The executive of a state may receive the resig(m) A tax on carriages is not such a direct tax.

nation of a member, and issue writs for a new elecHylion v. United States, 3 Dall. 171. Nor is an in

tion, without waiting to be informed by the house come tax. Pacific Insurance Co. v. Soule, 7 Wall.

that a vacancy exists. Mercer's Case, 1 Cong. Elect. 433. Clark v. Sickel, 14 Int. R. Rec. 6; 4 Am. L.

Cas. H. Edwards's Case, Ibid. 92. Times 141. Nor is a succession tax. Scholey v. Rer, 23 Wall. 331. And see Veazie Bank v. Fenno, continued and perpetual. Cushing's Law of Legisla

(r) The senate is a permanent body; its existence 8 Wall, 533. Rawle Const. 80. Direct taxes, within

tive Assemblies 19. the meaning of the constitution, are only capitation

(s) The seat of a senator is vacated by a resignation taxes, and taxes on real estate. Springer v. United addressed to the executive of the state; and this, notStates, 102 U. S. 586.

withstanding he may have received no notice that (n) This does not exclude the right to impose a

his resignation has been accepted. Bledsoe's Case, 1 direct tax on the District of Columbia, in proportion Cong. Elect. Cas. 869. to the census directed to be taken by the constitution.

(1) It is not competent for the executive of a state, Loughborough v. Blake, 5 Wheat. 317.

during the recess of the legislature, to appoint a sen(0) Altered by the 14th amendment.

ator to fill a vacancy which shall happen, but has not (P) Under the eleventh census, the states are en

happened, at the time of the appointment. Lanman's titled to the following representation in congress, viz. : Case, 1 Cong. Elect. Cas. 871. And if a vacancy occur, Alabama Georgia

during the recess of the legislature, which subsequently Arkansas Idaho

assembles, and adjourns without electing a person to California. 7 Illinois

fill the vacancy, it is not competent for the governor Colorado 2 Indiana

to appoint, during the recess following such adjournConnecticut Iowa

ment. John's Case, Ibid. 874. Delaware Kansas

senate.

6

1

63277516128址。

.

13

2 10

1

8

10 1

9

9
6

11

1 22 13 11

(11) See Gallatin's Case, 1 Cong. Elect. Cas. 851. Florida Kentucky

(1) See 1 Story Const. § 739.

8 11

4
1

« SebelumnyaLanjutkan »