The oath prescribed by the act of 1789, n. 242. May be enlarged, Id. and n. 46. It binds the citizens and the States to support the Constitution, Id. The test oath of 1862, Id. Declared unconstitutional as to attorneys in certain cases, n. 242. Required of members from the rebel States, n. 274, p. 283, § 5. The oath explained, Id. p. 287, § 6.
OATH or affirmation. No warrants shall issue but upon probable cause, supported by oath or affirmation. Amendments... OATH of voters in the rebel States, n. 286, p. 284, § 1.
OBJECTIONS of the President to bills. OBLIGATION of contracts. No State the obligation of contracts.. Remark upon this, n. 152.
(See Bills, n. 67. Veto, Id.) shall pass any bill impairing
obligation of the contract, n. 157. (See Contracts, notes 157, 158, 159, 160, 161.)
OCCASIONS. The President may, on extraordinary occasions, con- vene both houses of Congress, or either of them........... OFFENSE. Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb. Amendments... (See Jeopardy.) Offense defined, n. 194.
OFFENSES against the law of nations may be defined and punished by Congress....
Some of these offenses are not crimes, n. 115. The term criticised, Id. and n. 194. (See Law of Nations, n. 116.)
OFFENSES. The President shall have power to grant reprieves and pardons for offenses against the United States.
OFFENSES against the laws of war must be dealt with by the same laws, n. 115....
OFFICE. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any oflice of honor, trust, or profit, under the United States...
It has been doubted if it should fall short of removal from office, n. 40. OFFICE. 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.
The acceptance of an incompatible office vacates the seat, notes 62-63. As a collector cannot also be an in- spector, n. 63.
OFFICE. No person holding any office under the United States shall be a member of either house of Congress during his continuance in office....
The acceptance of an incompatible office vacates the first, n. 63.
OFFICE of the government. Congress shall have power 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..... OFFICE. No person holding any office of profit or trust under the United States, 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.... This does not extend to private citizens, n. 151. The President shall hold his office during the term of four years, and the Vice-President chosen for the same time..
It was argued that the office being for a term of years, the President could not be subject to the rule of good behavior applicable to judges, n. 194.
OFFICE. No person holding an office of trust or profit under the
United States shall be appointed an elector of President or Vice-President of the United States OFFICE of President United States. Eligibility of a person to the office of President of the United States. (See Eligi bility.). OFFICE. 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 ac- cordingly until the disability be removed or a President shall be elected..........
The office now devolves first upon the Vice-President, next upon the presiding officer of the Senate; and lastly, upon the Speaker of the House of Representatives; and elections are provided for, n. 172.
OFFICE, tenure of. Those holding to continue, how long, n. 184, pp. 179, 180, § 1, 4. The cabinet to hold during the presidential term, subject to removal. Id. § 1. Upon suspension of office, duties of, how performed. Id. § 2. The effect of the suspension from. Id. When offices re- main in abeyance, Id. p. 180, § 3. To hold contrary to law, how punished, Id. § 5. To appoint to, contrary to law, how punished, Id. § 6. Duties of the President on naming any person to office, n. 184, p. 181, § 8. No person to be paid for exercising office contrary to the act; punish- ment for, Id. § 9. The decisions before the law, n. 184, p. 181.
OFFICE. Oath of office of President of the United States (See Oath, n. 242.)
OFFICES. The President may require the opinion, in writing, of the principal officers in each of the executive departments, upon any subject relating to the duties of their respective offices.
As to who those seven officers are, see note 176. OFFICES. 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
That is for life or until impeached. See notes 194, 197, 198. All offices to be established by the Constitution or law, n. 181. What are offices, Id. The power to appoint to includes the power to remove, n. 184. Now regulated by the Tenure of Office law, Id. p. 179. OFFICERS of the army and navy can only be removed by court- martial, n. 184, p. 179. Tenure of civil offices-Cabinet, Id. When subject to suspension and removal, and the consequences, Id. Who to exercise the temporary powers of, Id. § 2, 3. To be commissioned by the President when, n. 184, p. 180, § 6.
The House of Representatives shall choose their Speaker and other officers. OFFICERS. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-Presi- dent.....
List of presiding officers, n. 38. When they become President, n. 172.
OFFICERS of militia. The appointment of officers of the militia reserved to the States respectively..
This was in effect destroyed by the conscript law, n. 125.
OFFICERS of the United States. (See Appointments of.). OFFICERS. The President shall commission all the officers of the United States..
OFFICERS. 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..
None but civil officers are subject to impeachment, n. 191. Senators are not, notes 191, 194.
OFFICERS. All the executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution.... For cath of office and test oath see n. 142.
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 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. Amendments...
This disqualification extended to members of the Re- construction Conventions and to voters for delegates, n. 276, p. 287 § 5. The expurgatory oath to reach them, n. 276 (Supplementary Act), § 1. The disqualification ex- plained, n. 276, p. 287 § 6. The commanders of districts allowed to remove any officers of the rebel States, n. 276 (Second Supplementary Act), p. 284, § 2. This third sec- tion discussed, n. 281. May overrule the test oath as to those not disqualified, n. 281.
OHIO. Rule of suffrage in, n. 17. Representatives by the census of 1860, n. 24. Number of inhabitants through each de- cade, n. 24. pp. 69, 70. Assigned to the sixth judicial cir- cuit, n. 197. Ratified the thirteenth constitutional amend- ment, n. 274; the fourteenth, n. 275. And withdrew rati- fication, Id.
ONE-FIFTH of the members present. 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....
OPINION. The President may require the opinion, in writing, of the principal officer in each of the executive departments. These opinions, how given and by whom, n. 176. ORDAIN and establish this Constitution for the United States of America, &c. We the people do. Preamble (See America-Constitution.)
ORDAIN and establish. The judicial power of the United States shall be vested in one Supreme Court, and in such in- ferior courts as the Congress may, from time to time, ordain and establish ...
As Congress has the power to establish, it may regulate the jurisdiction, n. 136.
ORDER, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, except on questions of adjournment, shall be presented to the President....
(See Concurrence-Resolution.) Rule of suffrage in, n. 17, p. 63. One representative under the census of 1860, n. 24, p. 69. Number of inhab- itants under the decades, n. 24, pp. 69, 70. Treaty with Great Britain in relation to, n. 178, p. 175. Assigned to the ninth judicial circuit, n. 197, p. 192. Ratified the thir- teenth constitutional amendment, n. 274. And the four- teenth, n. 275.
ORGANIZING the militia. Congress shall have power to provide for organizing, arming, and disciplining the militia (See Milia.)
ORIGINAL jurisdiction." In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State
shall be a party, the Supreme Court shall have original jurisdiction
This original jurisdiction is confined to two classes of cases, defined, n. 210, p. 203. Co-extensive with the judi- cial power, Id. Restricts Congress, n. 210. (See Jurisdic- tion, notes 210, 211.)
ORIGINATE. All bills for raising revenue shall originate in the House of Representatives
The reason of this rule, n. 64. Revenue defined, n. 65, ORIGINATED. Every bill, resolution, order, or vote, not approved, shall be returned by the President, with his objections, to that house in which it shall have originated..... When returned, n. 68.
OVERT act. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act ........... (See Treason, n. 215.)
OWNER. No soldier shall, in time of peace, be quartered in any house without the consent of the owner. Amendments.
The occupant is the owner, n. 250.
OWNERS of slaves. 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 dis- charged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due...
Person and State defined, n. 226. Escaping defined, n. 227. The owner was clothed with full authority to re- capture, n. 227.
PACA, WILLIAM, of Maryland. Signed the Dec. of Ind. p. 7. PAINE, ROBERT TREAT, of Massachusetts
PAPERS. The right of the people to be secure in their effects against unreasonable searches or seizures shall not be vio- lated. Amendments..
People, and searches and seizures, defined, n. 251. War- rant defined and the reasons given, n. 252. l'ARDONS. The President shall have power to grant pardons....
Pardon defined, n. 177. May be granted as well before as after trial, n. 177. The extent of the pardon; it must be accepted; it blots out the offense, n. 177. p. 173. The ef- fect of the pardon of the rebels, notes 46, 177, p. 174. As to whether it overcame the test oath, n. 46. Did not give the right to vote or hold office in the rebel States, n. 276 (Second Supplementary act), p. 288, § 7.
PARSONS, R. C. United States Marshal, n. 197.
PASS any bills. No State shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.... (See Attainder, note, n. 142. Ex post facto, notes 143, 156.) PASSED the House of Representatives and Senate. Every bill, resolution, &c., passed by the House of Representatives and Senate, shall be presented to the President, &c............. PASSED. Bills, resolutions, &c., returned by the President, may be passed be two-thirds of both houses..
PATENT rights. Congress shall have power to promote the pro- gress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries....
See the terms defined and discussed, notes 107, 108.
PATENT office. Description of, n. 108.
PATENTS are to be liberally construed, n. 108.
PATERSON, WILLIAM, of New Jersey. Signed the Constitution,
p. 42. Associate Justice, n. 197, p. 193.
PAY the debts of the United States. Congress shall have power to pay the debts of the United States.
The object of this phrase, n. 78. The amount of the
debts since the foundation of the government, n. 78, pp.. 97, 100. (See Public Debt.)
PAYMENT of debts. No State shall make any thing but gold and silver coin a tender in payment of debts..........
But Congress may issue treasury notes and make them a legal tender in the payment of debts, notes 84, 97, 100. (See Arrest.)
PEACE. For a breach of the peace a senator or representative may be arrested......
PEACE. No State shall, without the consent of Congress, keep troops or ships of war in time of peace.. PEACE. No soldier shall, in time of peace, be quartered in any house without the consent of the owner. Amendments.. (See House.)
PECK, JAMES H. Trial of, notes 36, 194. PENALTIES. Each house may be authorized to compel the at- tendance of absent members, in such manner and under such penalties as each house may provide..
PENN, JOHN, of North Carolina. Signed Dec. of Ind. p. 7. Signed Articles of Confederation, p. 21.
PENNINGTON, WILLIAM. Speaker of the House of Representa- tives. n. 26.
PENNSYLVANIA. Signed the Dec. of Ind. p. 7. One of the Con- federation, p. 9. Signed the articles thereof, p. 21. Signed the Constitution, pp. 42, 252. Qualifications of voters, n. 17, p. 63. PENNSYLVANIA. Entitled to eight Entitled to eight representatives in first Con- gress..
Twenty-four under the census of 1860, notes 24, 28, 67, pp. 63, 69. Qualification of suffrage, n. 17. Population under each decade, n. 24, pp. 69, 70. Assigned to the third judicial circuit, n. 197. Ratified the thirteenth constitutional amendment, n. 274; the fourteenth, n. 275. PEOPLE United States ordain and establish this Constitution. Preamble
By the people, not by the State in their sovereign capacity. How by the people. Compared with citizens, notes 6, 16, 17, 24, 220, 221, 274, 281.
PEOPLE. Members of House of Representatives to be chosen every second year by the people of the several States
The people here defined and compared. The real actors are the voters, n. 16.
PEOPLE represented are-all free persons, those bound for a term of years, Indians taxed, and three-fifths of all other per-
That is two-fifths only of the slaves were excluded, n. 24. The free blacks were always counted, n. 24. PEOPLE. The enumeration of the people to be made within three years after the first meeting of Congress, and every ten years thereafter, in such manner as they may by law direct
The result of these various enumerations, notes 24, 69-71.
PEOPLE. Congress shall make no law abridging the rights of the people peaceably to assemble and to petition the govern- ment for a redress of grievances. Amendments.
PEOPLE. The right of the people to keep and bear arms shall not be infringed. Amendments
Here used in the broad sense of the preamble, n. 248. PEOPLE. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affir- mation, and particularly describing the place to be searched, and the persons or things to be seized. Amend- ments
PEOPLE. The enumeration in the Constitution of certain rights,
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