Gambar halaman

Art. 5.

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 prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.


Art. 6. Sect. 1.


Art. 6. Sect. 2.

63. All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States, under this constitution, as under the confederation.

61. This constitution, and the laws of the United States, which shall be made in pursuance thereof, (u) and all treaties(v) made, or which shall be made,(w) under the authority of the United States, shall be the supreme law of the land ;(x) the land.

Supreme law of and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. (y)

65. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or affirmation, to support No religious test. this constitution ;(z) but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Art. 6. Sect. 3.

Oaths of office.


Art. 7.


66. The ratification of the conventions of nine states shall be sufficient for the
establishment of this constitution between the states so ratifying the same.
67. Done in convention, by the unanimous consent of the states present, the

seventeenth day of September, in the year of our Lord one thousand
seven hundred and eighty-seven, and of the Independence of the United
States of America, the twelfth. In witness whereof, we have hereunto
subscribed our names.


And deputy from Virginia.
New Hampshire.

George Clymer,
John Langdon,

Thomas Fitzsimons,
Nicholas Gilman.

Jared Ingersoll,

James Wilson,
Nathaniel Gorham,

Gouverneur Morris.
Rufus King

New Jersey.

George Read,
William Livingston,

Gunning Bedford, jun.,
David Brearly,

John Dickinson,
William Patterson,

Richard Bassett,
Jonathan Dayton.

Jacob Broom.

Benjamin Franklin,

William Samuel Johnson,
Thomas Mifflin,

Roger Sherman.
Robert Morris,

(u) A lien given by the maritime law is a right it, so far as it is municipal law, provided its subjectthus protected. The Ilenrietta, 1 Newb. 284.

matter be within the legislative power. Taylor v. (u Whenever a right grows out of, or is protected Morton, 2 Curt. C. C. 454. Edye v. Robertson, 112 U.S. by, a treaty, it is sanctioned against all the laws and 580. judicial decisions of the states; and whoever may (u) This included subsisting as well as future have this right, it is to be protected. Owings v. Nor treaties. Ware v. Hylton, 3 Dall. 277. rood, 5 Cr. 348. People v. Gerke, 5 Cal. 381. Stockton v. (2) The inhabitants of a territory ceded to the Williams, Walk. Ch. 120; s.c. 1 Doug. 546. 6 Opin. 291. United States, by treaty, become citizens of the United But though a treaty is a law of the land, and its pro- States, without naturalization under the acts of convisions must be regarded by the courts as equivalent gress. Harrold's Case, 1 Clark 214. United States to an act of the legislature, when it operates directly v. Lucero, 1 N. Mex. 422. But this rule does not apon a subject, yet, if it be merely a stipulation for fut- ply to naturalized citizens, whose statutory allegiance ure legislation by congress, it addresses itself to the cannot be transferred by treaty. Tobin v. Walkinpolitical and not to the judicial department, and the shaw, 1 McAll. 186. latter must await the action of the former. Foster v. (4) The authority of the federal courts to declare Veilson, 2 Pet. 253. A treaty ratified with proper void an act of a state legislature, manifestly in conformalities is, by the constitution, the supreme law flict with the constitution, is well settled. Darby of the land, and the courts have no power to examine v. Wright, 3 BI. C. C. 170. into the authority of the persons by whom it was en- (z) The judges being sworn to support the constitered into on behalf of the foreign nation. Doe v. tution, the courts have necessarily the power to deBraden, 16 How. 635. Though a treaty is the law of clare whether a law be constitutioual or not. Emerick the land, under the constitution, congress may repeal v. Harris, 1 Binn. 416.

New York.

Richard Dobbs Spaight,
Alexander Hamilton.

Hugh Williamson.

South Carolina.
James McHenry,

John Rutledge,
Daniel of St. Thomas Jenifer,

Charles Cotesworth Pinckney,
Daniel Carroll.

Charles Pinckney,

Pierce Butler.
John Blair,

James Madison, jun.

William Few,
North Carolina.

Abraham Baldwin.
William Blount,

Attest: William Jackson, Secretary.

Freedom of reli

Amend. Art. 2.

Right to bear

Amend. Art. 8.

Amend. Art. 1.

68. Congress shall make no law respecting an establishment of religion, or pro

hibiting the free exercise thereof;(6) or abridging the freedom of speech, or of the gion, of speech, of press; or the right of the people peaceably to assemble, and to petition the governthe press, and ment for a redress of grievances. right of petition.

69. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.(c)

70. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

71. The right of the people to be secure in their persons, houses, papers and Quartering of effects, against unreasonable searches and seizures, shall not be violated; and no

warrants(d) shall issue, but upon probable cause, supported by oath or affirmation,(e) and particularly describing the place to be searched, and the persons or

things to be seized.(9) Warrants.

72. No person shall be held to answer for a capital or other infamous crime,(h) unless on a presentment or indictment of a grand jury,(i) except in cases arising in

the land or naval forces, or in the militia, when in actual service, in time of war or Trials for crimes. public danger; nor shall any person be subject, for the same offence, to be twice

put in jeopardy of life or limb;(k) nor shall be compelled, in any criminal case, to

be witness against himself;(l) nor be deprived of life, liberty or property, without Rights of property. due process of law;(m) nor shall private property be taken for public use without

just compensation.(n)


Amend. Art. 4.

Searches and

Amend. Art. 5.


(a) These fifteen articles proposed by congress, in Conspiring to make counterfeit coin. United States addition to, and amendment of the constitution of the v. Burgess, 4 Hughes 278. And the offence of stealing United States, having been ratified by the legislatures from the mail. United States v. Wynn, 3 McCrary of the requisite number of the states, are become a 266. United States v. Baugh, 4 Hughes 501. And part of the constitution. The first ten amendments see United States v. Coppersmith, 2 Flippin 546. were proposed by congress at their first session in United States v. Petit, 11 Fed. Rep. 58. United 1789. The eleventh was proposed in 1794. The twelfth States v. Black, 4 Sawyer 211. United States v. in 1803. The thirteenth in 1865. The fourteenth in Barger, 19 BI. C. C. 249. United States v. Isham, 17 1866. And the fifteenth in 1869.

Wall. 476. United States v. Butler, 3 McCrary 512. (6) The constitution makes no provision for pro- Ex parte Wilson, 114 U. S. 417. R. S. § 1022. Mackin tecting the citizens of the respective states in their v. United States, 117 U. S. 348. religious liberties; this is left to the state constitutions (i) It is sufficient, to describe the grand jury, as and laws; nor is there any inhibition imposed by the jurors of the United States. United States v. Wilconstitution of the United States, in this respect, on liams, 1 Cliff. 5. the states. Permoli v. First Municipality, 3 How. (k) This only applies to capital cases. McCreary 609. The first amendment deprived congress of all v. Commonwealth, 29 P. S. 325. See McFadden legislative power over men's religious opinion; but v. Commonwealth, 23 Ibid. 12. The court may disleft it free to reach practices which are in violation of charge a jury from giving a verdict in a capital case, social duties, or subversive of good order; it may, without the consent of the prisoner, whenever, in their therefore, prohibit polygamy in the territories, though opinion, there is a manifest necessity for such an act, the practice of it is alleged to be sanctioned by the re- or the ends of public justice would be otherwise de ligion of the inhabitants. Reynolds v. United States, feated. United States v. Perez, 9 Wheat. 579. See 98 U. S. 145, 164.

United States v. Haskell, 4 W. C. C. 402. United (c) See Bliss v. Commonwealth, 2 Litt. 90. State States v. Gibert, 2 Sum. 19. United States v. Hardv. Reid, 1 Ala. 612. State v. Mitchell, 3 Blackf. 299. ing, 1 Wall. Jr. C. C. 127. 2 Opin. 655. Nunn v. State, 1 Kelly 243. Cookman v. State, 24 (1) See Boyd v. United States, 116 U. S. 616. Texas 394. Wright v. Commonwealth, 77 P. S. 470. (m) See Murray v. Hoboken Land and Improve

(d) This refers only to process issued under the ment Co., 18 How. 276. This implies the right to authority of the United States. Smith v. Maryland, notice to appear and answer, and to a remedy in 18 How. 71. And it has no application to proceedings court. Ervine's Appeal, 16 P. S. 257. And see Banfor the recovery of debts, as a treasury distress-war- ning v. Taylor, 24 Ibid. 292. Improvement Co. v. rant. Murray v. Hoboken Land and Improvement Jennings, 127 P. S. 397. Co., Ibid. 272.

(n) This provision is only a limitation of the power (e) See Conner v. Commonwealth, 3 Binn. 38. of the general government; it has no application to

(9) See Ex parte Burford, 3 Cr. 448. Wakely v. the legislation of the several states. Barron v. BaltiHart, 6 Binn. 316. 1 Opin. 229. 2 Ibid. 266.

more, 7 Pet. 243. Bonaparte v. Camden and Amboy (h) No crime is infamous, within the meaning of Railroad Co., Bald. 220. It is now settled, that the this provision, unless expressly made so, or declared amendments to the constitution do not extend to the a felony, by act of congress. Therefore, the offence states. Livingston v. Moore, 7 Pet. 551. They are of passing counterfeit money may be prosecuted by exclusively restrictions upon federal power, intended criminal information. United States v. Field, 16 to prevent interference with the rights of the states, Fed. Rep. 778. So may the offence of passing coun- and of their citizens. For v. Ohio, 5 How. 434. James terfeit trade dollars. United States v. Yates, 6 Ibid. 861. v. Commonwealth, 12 S. & R. 221. Barker v. People,


73. In all criminal prosecutions, the accused shall enjoy the right to a speedy Amend. Art. 6. and public trial, by an impartial jury() of the state and district wherein the crime Rights of defendshall have been committed, which district shall have been previously ascertained by ants in criminal law,(P) and to be informed of the nature and cause of the accusation ;(9) to be con- cases. fronted with the witnesses against him;(r) to have compulsory process for obtaining witnesses in his favor;(s) and to have the assistance of counsel for his defence.

74. In suits at common law,(1) where the value in controversy shall exceed twenty Amend. Art. 7. dollars, the right of trial by jury shall be preserved;(u) and no fact tried by a jury Trials in civil shall be otherwise reexamined(v) in any court of the United States than according cases. to the rules of the common law.(w)

Amend. Art. 8. 75. Excessive bail shall not be required, nor excessive fines imposed, (x) nor cruel

Bail, fines, &c. and unusual punishment inflicted.(y)

Amend. Art. 9. 76. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.(z)

Reserved rights.

Amend. Art. 10. 77. 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.(a) Powers not dele

78. The judicial power of the United States shall not be construed to extend to gated, reserved. any suit in law or equity,() commenced or prosecuted against one of the United Amend. Art. 11. States,(c) by citizens of another state, or by citizens or subjects of any foreign Limitation of state.((!)

judicial power. 79. The electors shall meet in their respective states, (e) and vote by ballot for Amend. Art. 12. president and vice-president, one of whom, at least, shall not be an inhabitant of

Meeting of presi. the same state with themselves; they shall name in their ballots the person voted dential electors for as president, and in distinct ballots, the person voted for as vice-president; and and election of they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which list they shall sign and certify, and transmit sealed(9) to the seat of the government of the United 3 Cow. 686. Withers v. Buckley, 20 How. 84. Grifling the suit is depending, for good causes shown; or v. Gibb, 1 McAll. 212. Pervear v. Commonwealth, 5 unless the judgment of such court be reversed by a Wall. 476. Trichell v. Commonwealth, 7 Ibid. 321. superior tribunal, on a writ of error, and a venire

(0) This is only to be intended of those crimes which facias de novo awarded. United States v. Monson, 1 by our former laws and customs had been tried by jury. Gall. 20. United States v. Duane, Wall. C. C. 106.

(2) See Ex parte Watkins, 7 Pet. 5734. (p) It must have been ascertained by law, pre- (y) The disfranchisement of a citizen is not an unviously to the commission of the crime, not merely usual punishment. Barker v. People, 20 Johns. 459. previously to the trial. United States v. Maxon, 5 Huber v. Reiley, 53 Penn. St. 112. The punishments of BI. C. C. 360.

whipping and of standing in the pillory were abol(9) This does not entitle him to a copy of the in- 'ished by act 28 February 1839, $ 5. 5 Stat. 322. See dictment at the expense of the government. United Jumes v. Commonwealth, 12 S. & R. 220. States v. Bickford, 4 Bl. C. C. 337.

(2) See 1 Story Const. § 447. United States v. New (7) This is a privilege that pertains to the trial in Bedford Bridge, 1 W. & M. 401. Moore v. Houston, 3 court, not to the preliminary proceedings. 2 Story S. &. R. 169. Const. § 1785-6. United States v. Bates, Pamph. p. (a) See United States v. Bailey, 1 McLean 234. 46.

The rule of interpretation for a state constitution dif(s) Any person charged with a crime in the courts fers totally from that which is applicable to the conof the United States, has a right, before as well as stitution of the United States. The latter instrument after indictment, to the process of the court to compel must have a strict construction; the former, a liberal the attendance of his witnesses. 1 Burr's Trial 179-80. one. Congress can pass no laws but those which the

(1) This includes not merely modes of proceeding constitution authorizes, either expressly, or by clear known to the common law, but all suits, not of equity implication; while the state legislature has jurisdicor admiralty jurisdiction, in which legal rights are tion of all subjects in which its legislation is not prosettled and determined. Parsons v. Bedford, 3 Pet. hibited. Commonwealth v. Hartman, 17 P. S. 119. 433. La Vengeance, 3 Dall. 297. Webster v. Reid, 11 Weister v. Hade, 52 Ibid. 474. How. 437. The James and Catharine, Bald. 544. It (b) It does not extend to suits of admiralty or does not apply to a motion for summary relief. Ban- maritime jurisdiction. Olmsted's Case, Bright. 9. See ning v. Taylor, 24 P. S. 289. See Motte v. Bennett, Ex parte Madrazzo, 7 Pet. 627. 2 Fish. 612.

(c) If the state be not necessarily a defendant, (u) The guarantee of trial by jury is intended as though its interests may be affected by the decision, well for a state of war as a state of peace; and is the courts of the United States are bound to exercise equally binding upon rulers and people, at all times jurisdiction. Louisville Ruilroad Co. v. Letson, 2 and under all circumstances. Ex parte Milligan, 4 How. 550. United States v. Peters, 5 Cr. 115. OtherWall. 3. The right to trial by jury is for the benefit wise, if the state be an indispensable party. Cunof the parties litigating, and may be waived by them. ningham v. Railroad Co., 109 Ù. S. 446. United States v. Rathbone, 2 Paine 578. Parsons v. (d) A state, by becoming interested with others in Armor, 3 Pet. 413. But the circuit courts have no a banking or trading corporation, or by owning all power to order a peremptory nonsuit, against the will the capital stock, does not impart to that corporation of the plaintiff. "Elmore v. Grymes, 1 Pet. 469. De any of its privileges or prerogatives; it lays down its Wolfe v. Rabaud, Ibid. 476. Crane v. Morris, 6 Ibid. sovereignty so far as respects the transactions of the 598. Thompson' v. Campbell, Hemp. 8. Castle v. corporation, and exercises no power or privilege in Ballard, 23 How. 172. The 7th amendment applies respect to those transactions not derived from the only to the courts of the United States. Pearson v. charter. Bank of the United States v. Planters' Bank Yerdall, 95 U, S. 294.

of Georgia, 8 Wheat. 904. Bank of Kentucky v. Wis(T) See Davidson v. Burr, 2 Cr. C. C. 515. Mad- tar, 3 Pet. 431. Briscoe v. Bunk of Kentucky, 11 Ibid. doz v. Stewart, Ibid. 523. After a trial by jury, in a 321. Louisville Railroad Co. v. Letson, 2 How. 497. state court, it is not competent to remove the cause Darrington v. Bank of Alabama, 13 How. 12. Cur. for a retrial on the merits in a federal court. Justices ran v. Arkansas, 15 Ibid. 309. And see Cohens v. v. Jurray, 9 Wall. 274.

Virginia, 6 Wheat. 264. New Hampshire v. Louisiana, (ur) The common law here alluded to, is not the 108 U. S. 76. common law of any individual state, but the common (e) On the first Wednesday in December, 1 R. S. law of England; according to which, facts once tried $140. by a jury are never re-examined, unless a new trial (9) Before the first Wednesday in January, 1 R. S. be granted, in the discretion of the court before which $ 140.


Amend. Art. 12. 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,(h) and the votes shall then be counted ;(i) the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on tħe list of those voted for as president, the house of representatives shall choose immediately by ballot the president.(k) But in choosing the president, the votes shall be taken by states, the representation from each state having one vote: a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president.

80. The person having the greatest number of votes as vice-president shall be

the vice-president, if such number be a majority of the whole number of electors president.

appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be neces

cessary to a choice. 81. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.

82. Neither slavery nor involuntary servitude, except as a punishment for crime,

whereof the party shall have been duly convicted, shall exist within the United Slavery abolished.

States, or any place subject to their jurisdiction.(1)

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

84, All persons born or naturalized in the United States, and subject to the Amend. Art. 14. jurisdiction thereof, are citizens of the United States and of the state wherein they Citizenship

reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;(m) 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.(n)

Election of vice

Amend. Art. 13.


Power to enforce.


(h) On the second Wednesday in February, 1 R. S. States y. Washington, 4 Woods 349. United States § 142.

v. Stanley, 109 U. S. 3. Judge Bradley there says, (i) The constitution does not provide by whom the "the implication of a power to legislate in this manvotes shall be counted.

ner is based upon the assumption, that if the states (k) On a motion to discharge a defendant arrested are forbidden to legislate or act in a particular way, upon a capius ad respondendum, by a marshal ap- on a particular subject, and power is conferred upon pointed by the president de facto of the United States, congress to enforce the prohibition, this gives congress the court will not decide the question whether he has power to legislate generally upon that subject, and been duly elected to that office. Peyton v. Brent, 3 not merely power to provide means of redress against Cr. C. C. 424.

such state legislation or action. This assumption is (1) See United States v. Cruikshank, 92 U. S. 543; certainly unsound. It is repugnant to the 10th amends. c. 1 Woods 308.

ment to the constitution, which declares, that powers (m) It was determined at an early day (1869), that not delegated to the United States by the constitution, this amendment did not execute itself, but required nor prohibited by it to the states, are reserved to the legislation on the part of congress. Griffin's Case, states, respectively, or to the people." A state law Chase's Dec. 364. And this led to the passage of the which prohibits a white person and a negro from livcivil rights act of the 1st March 1875 (18 Stat. 395). ing together in concubinage is not unconstitutional, Under the 4th section of this act, it has been deter- though it prescribes penalties more severe, than if mined, that the amendment not only gave the privi- both were of the same race. Pace v. Alabama, 106 leges of citizenship to the colored race, but denied to U. S. 583. Ex parte Hobbs, 1 Woods 537. Goss v. any state the power to withhold from them the equal State, 24 Alb. L. J. 118. Ford v. State, 53 Ala. 150. protection of the laws, and invested congress with Green v. State, 58 Ibid. 190; S. P. Er parte Francois, power to enforce its provisions; consequently, that a 3 Woods 337. Ex parte Kinney, 3 Hughes 9. Neither state law which denied to them the right of serving as does the amendment prevent a state from establishing jurors, though qualified in other respects, was a viola- one system of law in one portion of its territory, and tion of the constitution. Strouder v. West Virginia, another system in another portion. Missouri v. Lewis, 100 U. S. 303. And that an indictment will lie against 101 U. S. 22. Personal rights of state citizenship, such a state officer, for excluding persons of color from the as those of attendance at the public schools, are not jury list. Ex parte Virginia, Ibid. 339. A state law within the 14th amendment. People v. Gallagher, 93 confining the selection of jurors to persons possessing N. Y. 438. United States v. Buntin, 10 Fed. Rep. 730. the qualifications of electors, was enlarged in its oper- State v. McCann, 21 Ohio St. 129. Cory v. Carter, 48 ation, by the 15th amendment, so as to embrace Ind. 327. Ward v. Flood, 48 Cal. 36. And a common persons of the negro race. Neal v. Delaware, 103 carrier of passengers, independently of state legislaU. S. 370. But the prohibitions of the 14th amend- tion, has the right to make a regulation for the sepament have exclusive reference to state action; it is ration of negro and white passengers in a public the state which is prohibited from denying to any per conveyance. West Chester and Philadelphia Railson within its jurisdiction the equal protection of the road Co. v. Miles, 55 P. S. 209. The Sue, 22 Fed. laws; the federal statute was intended to protect the Rep. 843. Logwood v. R. Co., 23 Ibid. 318. Murphy colored race against state action, and against that v. R. R. Co., Ibid. 637. The right to sell intoxicating alone. Virginia v. Rives, 100 U. S. 313. Neal v. liquors is not one of the privileges secured by this Delaware, 103 Ibid. 370. Bush v. Kentucky, 107 Ibid. clause. Bartmeyer v. Power, 18 Wall. 129. Beer Co. 110. Smoot v. Kentucky Central Railroad Co., 13 v. Massachusetts, 97 U. S. 25. Foster v. Kansas, 112 Fed. Rep. 337. Le Grand v. United States, 12 Ibid. Ibid. 201. 577. And as a consequence of this doctrine, it has (n) This is a guarantee against any encroachment been determined, that the first and second sections of upon an acknowledged right of citizenship, by the the civil rights act, which forbid the denial to persons legislatures of the states. Munn v. Illinois, 94 U.S. of color of equal accommodations in inns, public con- 124. The term, “due process of law,” when applied veyances and places of amusement, are unconstitu- to judicial proceedings, means a course of legal protional, as not within the power of congress. United ceedings according to those rules and principles which Power to enforce.


for office.

85. Representatives shall be apportioned among the several states according to Amend. Art. 14. their respective numbers, excluding Indians not taxed; but when the right to vote

Apportionment of at any election for the choice of electors for president and vice-president of the

representatives. 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 of twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other criine, the basis of representation therein 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.

86. No person shall be a senator or representative in congress, or elector of president and vice-president, or hold any office, civil or military, under the United

Disqualification 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.

87. 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.

80. The congress shall have power to enforce, by appropriate legislation, the provisions of this article.

89. The right of citizens of the United States to vote, shall not be denied or Amend. Art. 15. abridged by the United States, or by any state, on account of race, color or previous condition of servitude.(0)

Elective franchise. 90. The congress shall have power to enforce this article by appropriate legislation.


Public debt.


Power to enforce.


have been established by our jurisprudence for the the states; but the right of exemption from the proprotection and enforcement of private rights; to give hibited discrimination comes from the United States; such proceedings any validity, there must be a com- the first has not been granted or secured by the conpetent tribunal, to pass upon the subject-matter; and stitution, but the last has been. United States v. if that involves merely a determination of the personal Cruikshank, 92 U. S. 542. And see United States v. liability of the defendant, he must be brought within Amsden, 10 Biss. 283. Ex parte Yarbrough, 110 U.S. its jurisdiction by service of process within the state, 651. The 14th and 15th amendments do not confer or by his voluntary appearance. Pennoyer v. Neff, the elective franchise upon women. United States v. 95 U. S. 714. Davidson v. New Orleans, 96 Ibid. 97. Anthony, 11 Bl. C. C. 200. Minor v. Happersett, 53 A trial by jury, in suits at common law, pending in Mo. 58. Spencer v. Board of Registration, 1 McArthur the state courts, is not a privilege or immunity of 169. Burnham v. Laning, 8 Phila. 241. People v. national citizenship which the states are forbidden to Stebbins, 4 Chicago Leg. News 97. So also, an Indian, abridge. Walker v. Sauvinet, 92 U. S. 90. Nor does born a member of one of the Indian tribes, which still this clause necessarily require an indictment by a exist and is recognized as a tribe by the federal govgrand jury, in a prosecution for a capital offence. ernment, who has voluntarily separated himself from Hurtado v. California, 110 U. S. 516. See Louisiana bis tribe, and taken up his residence among the white v. Ver Orleans, 109 Ibid. 285. Slaughter-House Cases, citizens of a state, but who has not been naturalized, 16 Wall. 36. It does not impair the police power of a nor taxed or recognized as a citizen, either by the

Barbier v. Connolly, 113 U. S. 27. But it pro- United States, or by the state, is not a citizen within hibits unequal taxation. Santa Clara Co. v. Railroad the meaning of the 14th amendment, and consequently Co., 9 Sawyer 165. The local act of 10th May 1866, not entitled to the right of suffrage, under the 15th providing a greater license for peddlers residing out amendment. Elk v. Wilkins, 112 U. S. 94. In this of Lebanon County than for those residing therein, is case, there was a strong dissenting opinion by Justices in conflict with this amendment. Groh v. Common- HARLAN and Woods. On this question, see the wealth, 6 C. C. 130. See Improvement Co. v. Jen- opinion of Chief Justice Gibson, on the subject of nings, 127 P. S. 397.

negro suffrage in Pennsylvania, prior to the adoption (0) The 15th amendment does not confer upon the of the 15th amendment, in Hobbs v. Fogg, 6 W. 553; negro the right of suffrage; but it secures him from and that of Judge Fox in the court below, in the pamdiscrimination in the exercise of the elective fran- phlet report of that case. But a person born in the chise, on account of race, color, etc. United States v. United States of Chinese parents residing therein, is a Reese, 92 U. S. 214. The right to vote comes from citizen. E.c parte Look Tin Sing, 21 Fed. Rep. 905.


« SebelumnyaLanjutkan »