a point of issue, Id. Numbers and apportionment of the ELIGIBILITY of a representative in Congress. No person shall be Person" defined, n. 19. Citizens and persons not the same, notes 17, 18, 19, 220, 274. The person must be an inhabitant of the State, n. 19. Qualifications may be superadded, notes 46, 242. ELIGIBILITY of a senator in Congress. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when clected, be an inhabitant of that State for which he shall be chosen. Person defined as in note 19, n. 35. Shields rejected for want of, n. 35. Qualifications compared, notes 46, 169, p. 188. Have been superadded by test oath, notes 46, 242. ELIGIBILITY of electors of President and Vice-President of the United States. No senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. (See note 167.) No person eligible to office under the federal government who cannot take the test oath, n. 242. Nor to practice as attorney, n. 242. This unconstitutional, as to those already having the right, n. 143, p. 148, n. 242. ELIGIBILITY of the President of 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. A natural born citizen defined (See Citizen), notes 17, 18, 169, 274. Every person born in the country is, at the moment of birth, prima facie a citizen, n. 169. Few of the foreign born at the time of the adoption of the Constitution now eligible, n. 170. Those born upon purchased or annexed soil, not eligible, n. 179. The President must be a man, n. 170. Age cannot be dispensed with, n. 171. Residence defined, n. 171. : ELIGIBILITY of the Vice President of the United States. No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Amendments.. ELIGIBILITY of delegates in the conventions of the rebel States, n. 276, p. 283, § 5. ELLERY, WILLIAM. Delegate from Rhode Island. Signed Dec. of Ind. p. 7; and the Articles of Confederation, p. 21. EMINENT domain. All contracts are subject to the right of eminent domain of the State, n. 157, p. 157. The States must not infract the national right of, n. 89. May be taken for public use, n. 258. EMOLUMENT. No person holding any office of profit or trust EMOLUMENT of the President of the United States, The President EMOLUMENTS. 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.. (See Eligibility, notes, 19, 35, 46, 169, 242.) ENABLING acts. Some States admitted by and some without, n. 230. The effect of Constitution and admission is to annul them, n. 230.... ENEMIES. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.. Treason defined, and its origin, n. 215. The enemies are those who levy war. Id. ENGAGEMENTS entered into. All debts contracted or engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation.. This clause and its reason considered, n. 237. ENGLISH laws. For abolishing the free system of, p. 4. ENTER. Vessels bound to or from one State shall not be obliged Pilotage fees not unconstitutional, n. 148. Port dues for the benefit of a State, unconstitutional, n. 162. ENTER. No State shall enter into any treaty, alliance, or confederation... Because this is a national power, n. 152. ENTER. No State shall, without the consent of Congress, enter into any agreement or compact with another State, or with a foreign power... off negotiations with foreign nations, n. 164. The words were used in the adest sense, and to cut ENTITLED. : The citizens of each State shall be entitled to all the (See Citizens, notes 17, 18, 93, 169, 220, 221, 274.) ENUMERATED Powers. The specially granted powers were not ENUMERATION of the people to be made within three years after ENUMERATION. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken... Capitation defined, n. 144. Taxes on lands are direct ENUMERATION of rights. The enumeration in the Constitution of EQUAL suffrage. No State, without its consent, shall be deprived the rebel States without regard to color, n. 276. (The reconstruction acts.) EQUITY. 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 Cases in equity defined, n. 200. There must be no adequate remedy at law, n. 200. EQUITY. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Amendments...... ... This amends the first section of the third article so as to prevent suits against the States, notes 205α, 270. ESCAPING. Persons held to service or labor (or slaves), escaping into another State, shall be delivered up on claim of the party to whom such service or labor inay be due Persons and State defined, n. 226. Escaping defined and distinguished from carrying by the master, notes 222, 227. The owner's rights, n. 222. Delivered up contemplates a summary remedy, n. 228. This clause is a treaty, Id. ESTABLISH. Cited whenever used in the Constitution, n. 104. ESTABLISH. 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... This clause discussed, notes 195-197. to put into operation, notes 12, 13, 243. the text to notes 293-296; and notes 242-245. To establish is See the word ESTABLISH justice. The Constitution formed in order to establish justice, &c. Preamble.. Justice defined and how established, n. 8. ESTABLISHMENT of the Constitution. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Preamble. This preamble, why consulted, and its divisions, n. 5. The difference from the Confederate Constitution, n. 5. "The people" defined, n. 6. A more perfect union, n. 7. Justice defined. Every term defined, notes 6-13. A government was established, 1, 4, S. ESTABLISHMENT of this Constitution. The ratification of the Con ESTABLISHMENT of religion. Congress shall make no law respecting an establishment of religion. Amendments... Establishment here means a system of religion or established church, n. 245. Religion defined; all religions tolerated, n. 245. EXCESSIVE bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amend ments.. Bail defined, n. 266. What punishment is not excessive, n. 266. n. 267. EXCISES. Congress shall have power to lay excises. Defined and discussed, n. 77. EXCISES. All duties, imposts, and excises shall be uniform throughout the United States.. This unformity in contradistinction to apportionment, The power to regulate commerce is exclusive, and EXCLUSIVE rights to writings and discoveries in science and the Copyrights, how secured, n. 107. Inventors defined, n. EXCLUSIVE legislation in all cases whatsoever shall be exercised District of Columbia ceded to United States, n. 136. EXECUTE. To provide for calling forth the militia to execute the Militia defined, n. 130. Limitation of the President's EXECUTE. The President is required to take an oath faithfully to The President alone required to take this oath, n. 174. EXECUTED. The President shall take care that the laws be faith- The meaning and extent of this power, n. 189. EXECUTION. Before the President enters upon the execution of EXECUTIVE appointment to office, whether or not an executive EXECUTIVE authority. The, of any State shall issue writs of elec- The executive may receive resignations and may fill EXEMPLIFICATIONS of office, books, &c.; how to be certified, n. 219, EXPEDIENT. The President shall, from time to time, recommend Practice of sending a written message to Congress, A member may be expelled for an offen se contrary to no EXPENDITURES. A regular statement and account of the receipts and expenditures of all public money shall be published Variance of the Confederate States Constitution, n. 149. This wholly takes away the power over exports, n. 146. It was stricken out of the Confederate Constitution, n. 146. EXPORTS, &c. No State shall, without the consent of Congress, lay any duty on imports or exports..... (See note 146.) The terms defined, notes 65-67. Imports, or duties on imports, defined, n. 162. EX POST FACTO law. No bill of attainder or ex post facto law shall be passed... Defined, notes 143, 156. Relates only to criminal law, EX POST FACTO law. No State shall, EXTRAORDINARY occasions. The President may, on extraordinary occasions, convene both houses of Congress, or either of them... This power has been frequently exercised, n. 188. FACT and law. The Supreme Court shall have appellate jurisdiction both as to law and fact, &c... Not to grant new trials upon the facts since the seventh amendment, notes 211, 263. FAITH and credit, full, to be given to public acts, records, and proceedings of States, &c... (See Acts, Authentication, Credit, Judicial Proceedings, Judgments, Records.) That credit which the State itself gives, notes 218, 219, which exhaust the subject. FEDERAL Courts. Can only issue a habeas corpus in aid of their own jurisdiction, n. 141, p.. 141; in all cases which it would reach at common law, p. 142. State courts cannot arrest their writs, n. 141, p. 143. FEDERAL judges have exclusive jurisdiction on habeas corpus when the applicant is imprisoned by authority of the United States, n. 141, p. 142. FELONIES. Congress shall have power to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations. To define, to punish, piracy, and felony, defined, notes 110, 111, 112, 113, 192, 193, 194. The civil and not the common law definition adopted, n. 113. Misdemeanor used in contradistinction to felony, n. 194. (See Offenses, n. 194.) This power under the Confederation. Art. IX. p. 14. FELONY Members of Congress may be arrested for felony........ The arrest may be for any indictable offense, n. 36. FELONY. A person charged with, fleeing from one State to another, to be delivered up on demand. A person means any one who has committed a felony or crime, n. 233. The indictment is conclusive of this, n. 223. Those who have been guilty of felony at common law disfranchised by the reconstruction laws, n, 176, § 5. FEW, WILLIAM. Deputy from Georgia. Signed this Constitution, p. 42. FIELD, STEPHEN J. Associate Justice of the Supreme Court, FILLMORE, MILLARD. Vice-President, n. 37; and President, n. 166. A fine of fifty dollars and three months' imprisonment |