The Government Class Book by Andrew W. Young
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Andrew W. Young >> The Government Class Book
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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.
Article IV.
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.
Sec. 2. The citizens of each state shall be entitled to all the
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.
Sec. 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.
Sec. 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 cannot be convened) against domestic
violence.
Article V.
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 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.
Article VI.
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.
This constitution, and the laws of the United States which shall be made
in pursuance thereof, and all treaties made or which shall be made under
the authority of the United States, shall be the supreme law of the
land, and the judges in every state shall be bound thereby, any thing in
the constitution or laws of any state to the contrary notwithstanding.
The senators and representatives before mentioned, and the members of
the several 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 this constitution; but no religious test
shall ever be required as a qualification to any office or public trust
under the United States.
Article VII.
The ratification of the conventions of nine states shall be sufficient
for the establishment of this constitution between the states so
ratifying the same.
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.
George Washington,
_President, and Deputy from Virginia._
_New Hampshire._--John Langdon, Nicholas Gilman.
_Massachusetts._--Nathaniel Gorham, Rufus King.
_Connecticut._--Wm. Samuel Johnson, Roger Sherman.
_New-York._--Alexander Hamilton.
_New Jersey._--William Livingston, David Brearly, William Paterson,
Jonathan Dayton.
_Pennsylvania._--Benjamin Franklin, Robert Morris, Thomas Fitzsimmons,
James Wilson, Thomas Mifflin, George Clymer, Jared Ingersoll, Gouverneur
Morris.
_Delaware._--George Read, Gunning Bedford, Jr., John Dickinson, Richard
Bassett, Jacob Broom.
_Maryland._--James M'Henry, Daniel of St. Thomas Jenifer, Daniel
Carroll.
_Virginia._--John Blair, James Madison, Jr.
_North Carolina._--William Blount, Richard Dobbs Spaight, Hugh
Williamson.
_South Carolina._--John Rutledge, Charles Pinckney, Pierce Butler,
Charles Cotesworth Pinckney.
_Georgia._--William Few, Abraham Baldwin.
_Attest:_ William Jackson, _Secretary_.
Amendments.
Article 1. Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech or of the press; or the right of the
people peaceably to assemble, and to petition the government for a
redress of grievances.
Art. II. 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.
Art. III. No soldier shall, in time of peace, be quartered in
any house without the consent of the owner, nor in a time of war, but in
a manner to be prescribed by law.
Art. IV. 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 warrant shall issue, but upon probable
cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the person or things to be seized.
Art. V. No person shall be held to answer for a capital or
otherwise infamous crime, unless on a presentment or indictment of a
grand jury, except in cases arising in the land or naval forces, or in
the militia when in actual service, in time of war or public danger; nor
shall any person be subject, for the same offense, to be twice put in
jeopardy of life or limb, nor shall be compelled, in any criminal case,
to be a witness against himself; nor be deprived of life, liberty or
property, without due process of law; nor shall private property be
taken for public use, without just compensation.
Art. VI. In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury of the
state and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted
with the witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the assistance of counsel for his
defense.
Art. VII. In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury shall be otherwise
reexamined in any court of the United States, than according to the
rules of the common law.
Art. VIII. Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
Art. IX. The enumeration in the constitution of certain rights,
shall not be construed to deny or disparage others retained by the
people.
Art. X. 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.
Art. XI. 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.
Art. XII. The electors shall meet in their respective states
and vote by ballot for president and vice-president, one of whom, at
least, shall not be an inhabitant of the same state with themselves;
they shall name in their ballots the person voted for as president, and
in distinct ballots the person voted for as vice-president, and 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 lists they shall sign and certify, and transmit sealed to
the seat of the government of the United 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, and the votes shall then be counted;--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 the list of those voted for as
president, the house of representatives shall choose immediately, by
ballot, the president. But in choosing the president, the votes shall be
taken by states, the representatives 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. 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 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 necessary to a choice. But no
person constitutionally ineligible to the office of president shall be
eligible to that of vice-president of the United States.
Index
Academies and colleges, 82
Accessories to crime, 220
Actions at law, defined, 64
how commenced, 64
Adjutant-general, 92
Administrators, duties of, 179
Admission of states, 158
Agent, responsibilities of, 202-204
Alabama, constitution of, 259
Aldermen, duties of, 60
Aliens, power to pass laws for the naturalization of, 121, 122
disabilities of, 121
Alliance, defined, 135
Alliances, when binding, 230, 231
by states, prohibited, 135
Amendments of the constitution, provision for, 160
Appeals of suits, 68, 69
Appellant, appellee, defined, 69
Apellate jurisdiction, defined, 70
Appointment, power of, (see Governor and President.)
Apprentices and servants, 175, 176
Aquatic rights, 183, 185
Aristocracy, defined, 25
Arkansas, constitution of, 264
Army, standing, 149
Arrest and examination of offenders, 69
Arsenals, use of, 92
Arson, defined, 217
Assault and battery, 220
Assessment and collection of taxes, 76-78
Assessors, duties of, 77
Assignments, 197-199
Assumption of public debt, 160
Attachment, suit by, 68
Attainder of treason, 155
Attorney, defined, 65
Attorney, county or state's, 51, 56
Attorney-general, state, 51
of United States, 151
Auditor of state, 51
county, 65
Auxiliary executive departments, 147-151
Bail, defined, how taken, 69, 70
excessive, forbidden, 165
Bailment, 200-202
Ballot, defined, 33
Bankruptcy, power to pass laws of, 124
Banks, and their operation, 86-88
Belligerent, defined 228
Betting and gaming, 221
Bigamy, defined, 219
Bill, defined, 45
Bills, passage of, 45-43
Bills of attainder, by congress, prohibited, 133
by states, prohibited, 137
of credit, defined, 136
passage of, prohibited, 136
of exchange, 213-215
Blockade, defined, 236
Body politic, defined, 19, 54
Bribery, defined, 219
Broker and brokerage, 204, 205
Bullion, defined, 125
Burglary, defined, 218
Cabinet, defined, 147
officers of, and their powers and duties, 147
California, constitution of 277
Canals, construction of, 82-84
tolls on, 84
Canvassing of votes, 34
Capital, defined, 41, 216
Capitation or poll-tax, 76, 77, 133
Carriers of goods, liability of, 201, 202
Causes, criminal and civil, defined, 64
Casting vote, when given, 46
Challenging voters, 33
Charges d'affaires, 145
Charter, defined, 59
Chattel mortgages, 199
Cities, villages, &c., 59-62
Citizens, privileges of, in the several states, 157
Civil government, defined, 17
mankind fitted for, 17
Civil society, 17
Clearance of vessels, 120
Codicil, defined, 179
Coining money, power of, 124
by states, prohibited, 136
Collection of taxes, 76-78
Colony, defined, 95
Colonies, government of, 95
Commerce, foreign, regulation of, 114-119
Commerce, domestic, power of congress to regulate, 121, 122
with Indians, 122
Commissary-general, 92
Commissioners, county, duties of, 54
Committees, legislative, 44, 45
Common carriers, responsibilities of, 201, 202
Common council, 60
Common law, defined, 167
Commons, house of, 29
Common schools, school funds, &c., 79-82
Commonwealth, defined, 26
Confederacy, defined, 101
Confederation, when formed, 97
nature of, 98, 99, 101, 102
Confiscate, defined, 230
Congress, under confederation, how constituted, 97, 102
Congress under constitution, how constituted, 104-109
Congress, powers of, (see Powers of Congress,)
Counterfeiting, defined, 218
United States coin, power to punish, 125
Connecticut, constitution of, 244
Constables, duties of, 58
Constitution, defined, 27
objects of, 27
how formed, 27, 28
of United States, 281
history of, 100
nature of, 101-104
how amended, 160
supremacy of, 161
ratification of, by the states, 162
amendments to, 163-166
Consuls, appointment of, 144
duties of, 145, 227, 228
Contraband goods, 235, 236
Contracts in general, 189-193
Contracts of sale, 193-197
Contracts, obligation of, not to be impaired, 137
Controller, or auditor, 51
Convention, defined, 28
Conventional law of nations, 224
Copy-rights and patents, power of congress concerning, 126, 127
Coroners, duties of, 55
Corporation, defined, 54
Corporations, how formed, 59
nature and powers of, 59-62
Corruption of blood, 155
Council, legislative, 38
Counties, origin of, 53, 54
powers of, 54
County officers duties of, 54-66
County commissioners, 54
Courts, justices, 63-70
county, 70
common pleas, 70
circuit, 70, 71
oyer and terminer, 71
supreme, 73
of appeals, 73
of chancery or equity, 73, 74
of probate, 74
of impeachment, 75, 76
of United States, 151, 154
martial, 92
Crime, infamous, defined, 31
Crimes and misdemeanors, 216-221
Criminal suits, defined, 64
Customs, duties, &c., defined, 113
collection of, 119
Debt, national, at different periods, 114
Declaration of war, 231
Deeds and mortgages, 181-183
Delaware, constitution of, 250
Delegate, defined, 27
Democracy, defined, 25, 26
Deposit fund, U.S., 80
Deposits in banks, 87
Depositary, responsibility of, 200
Descent of property, of intestates, 179, 180
Despotism, defined, 25
Devise of property, 177
Diplomacy, defined, 148
District of Columbia, power of congress over, 130
Dividends, defined, 86
Domestic relations, laws regulating, 171-177
Dower, defined, and right of, 183
Drunkards, contracts made by, when binding, 191
Dueling, defined, 219
Duties, imposts and excises, defined, 113
power of congress to lay, 113
of tunnage, states may not lay, 120
protective, by what authority laid, 116, 117
Easement, defined, (see Right of Way,) 183
Education, provision for, &c., 79
Elections, time of, how conducted, &c., 32-35
by plurality, 34-35
by majority, 34-35
Electors, qualifications of, 29-31
(See also Synopsis of the State Constitutions.)
Electors of president and vice-president, how chosen, 140
Embassadors, ministers, &c, 144, 145
their appointment and duties, 144, 145
Embassadors, rights and powers of, 226, 227
Embezzlement, defined, 218
Envoys, (see Embassadors.)
Escapes, persons aiding or permitting, punishable, 220
Excise, defined, and power to lay, 112, 113
Execution, issuing and collection of, in justices' courts, 67, 68
exemption from, 68
Executive department, state, 36, 48-50
of the United States, 138-142
officers of, their appointment and duties, 147-150
Executors, powers and duties of, 179
Ex post facto laws, passage of, prohibited, 133,137
Factor or agent, powers and responsibilities of, 202, 203
False imprisonment, defined, 220
Federal, defined, 101
Fence-viewers, duties of, 58
Fee and fee-simple, defined, 182, 186
Felony, power of congress to define and punish, 128
Florida, constitution of, 258
Forgery, defined, 218
Franchise, defined, 31
Franking privilege, to whom granted, 151
Fraudulent sales, assignments, &c., 197, 200
Freedom of speech and of the press, guarantied, 163
Freehold, freeholder, defined, 31
Fugitives from justice, provision for the apprehension of, 157
from service, apprehension and return of, 157, 158
Fund, defined, 79
Funds, various kinds of, 79-81
Georgia, constitution of, 257
Government, civil, defined, 17
different forms of, 23-26
division of powers of, 35-37
Governor and lieutenant-governor, election and duties of, 48-50
Graves, opening of, punishable, 219
Great Britain, government of, 28, 29
Habeas corpus, privilege of writ of, guarantied, 132
Hereditaments, corporeal and incorporeal, defined, 183
Highways, supervision and oversight of, 68
Homicide, various kinds of, defined, 217
Husband and wife, laws regulating the relation of, 171-174
Idiots and lunatics, contracts by, when binding, 190
Illinois, constitution of, 272
Impeachment, trial of, 75
Imposts, duties, and excises, defined, 113
Incest, defined, 219
Incorporated companies, 61
Independence of the states declared, 97
Indiana, constitution of, 270
Indians, power to regulate commerce with, 122
Indictments, how made, 77
Innkeepers, liability of, 201
Insurance companies, 89, 90
Insurrection and rebellion, defined, 90
Interest, and rates of, in the different states, 215
Intestates, descent of property of, 179, 180
Iowa, constitution of, 276
Issue, joining of, in justices' courts, 65
Issues of fact and of law, defined, 71
Joining issue in justices' courts, 65
Judges, appointment of, in the states, 70
how removable, 76
(See also Synopsis of the State Constitutions.)
of the United States courts, appointment of, 144, 146
Judgment, rendering of, 65
concession and collection of, in justices' courts, 67, 68
Judicial department, state, 63-76
of the United States, 151-154
Jurisdiction, defined, 64
original and appellate, defined, 70
Juries in justices' courts, 66, 67
grand and petit, 71
Jury, right of trial by, secured, 66, 164, 165
Justices' courts, proceedings of, 64-70
Justices of the peace, jurisdiction of, 64
Kentucky, constitution of, 268
Larceny, grand and petit, defined, 218
Law, defined, 16
common and statute, defined, 167
Laws necessity of, 22
man fitted for, 17
political, civil, municipal, defined, 21, 22
manner of enacting, 43-48
Laws of nations, defined, 221, 223, 224
Leases, or estates for life, for years, at will, and by sufferance, rent, &c., 186-189
Legislatures, state, how formed, 37-40
meetings of, 40-43
organization and officers of, 41-43
Letters testamentary, and by whom issued, 179
of administration, and by whom issued, 179
Libel and slander, law concerning, 168, 169
Liberty, defined, 20, 167
of speech and of the press, secured, 163
of conscience, 19, 170
Lien, law concerning, 203, 205
Lieutenant-governor, duties of, 49
Lords, house of, 29
Louisiana, constitution of, 262
Maiming, defined, 217
Maine, constitution of, 239
Man, fitted for government and laws, 16, 17
Mandatary, responsibility of, 200
Manifest, defined, 121
Mankind, fitted for society, 15, 17
Manslaughter, defined, 217
Marque and reprisal, defined, 129
power to issue letters of, 129
states may not issue, 136
Marriage, law concerning, 171
Maryland, constitution of, 252
Massachusetts, constitution of, 242
Masters, apprentices, and servants, 175-177
Mayor, election and duties of, 60
Michigan, constitution of, 273
Militia, regulation of, 90-92
Ministers, public, their appointment and duties, 144, 145
privilege and powers of, 145, 227
Minors, rights and liabilities of, 175
Minnesota, constitution of, 278
Mints of the United States, 125
Misdemeanors, defined, 64, 221
Mississippi, constitution of, 260
Missouri, constitution of, 265
Monarchy, defined, 24, 25
Money, power of congress to borrow, 114
power of congress to coin, 124
coining of, by states, prohibited, 136
how borrowed, 84
Moral, defined, 16
law, defined, 21
Mortgages, land, nature of, 182
chattel, 199
Murder, defined, 217
Nation and state, defined, 17
Nations, jurisdiction of, 225
rights and obligations of, 226-228
Naturalization, power to pass laws concerning, 122, 123
Navigation, regulation of, 119-121
acts of Great Britain, 99
Navy department, when established, 148
Negative, or veto, defined, 47
Neutral nations, rights and duties of, 228, 234-237
New Hampshire, constitution of, 240
New Jersey, constitution of, 247
New York, constitution of, 245
New states, power of congress to admit, 158
Nonsuit, judgment of, 66
North Carolina, constitution of, 255
Notaries public, duties of, 214
Notes, promissory, 207-212
Oaths of office, 161
test, forbidden, 161
Obligation of contracts, may not be impaired, 137
Obligations of nations, 225
Offenders, arrest of and examination, 69
Offenses against the law of nations, power to define, 128
Ohio, constitution of, 269
Overseers of highways, duties of, 58
of poor, duties of, 58
Pardon and reprieve, power of, 49, 143
Parent and child, law concerning, 174, 175
Parliament, how formed, 29
Parol contracts, defined, 190
Partnership, law concerning, 205, 207
Passports, defined, 120, 121
Patents and copy-rights, how secured, 126, 127
Patriarch, defined, 23
Pawnee, liability of, 201
Peace, treaties of, 237, 238
Pennsylvania, constitution of, 248
Pensions, military, 149
Perjury, defined, 219
Personal estate, defined, 77
Piracies and felonies, power of congress concerning, 128
Pleadings, in justices' courts, 65
Police courts and justices, 60
Policy, insurance, defined, 89
Political law, defined, 21, 27
power, by whom exercised, 29-31
Poll, defined, 32, 33
Poll-list, how and by whom kept, 32
Poll or capitation tax, 76, 77, 133
Polygamy, defined, 219
Poor, overseers of, their duties, 58
Postmaster-general, power and duties of, 149, 150
Postmasters, appointment and duties of, 149, 150
compensation of, 149, 150
Post-offices and post roads, power to establish, 126
Power of congress to lay and collect taxes, &c., 112-114
to borrow money, 114
to regulate commerce, 114-119
in relation to naturalization and bankruptcy, 122-124
to coin money, and regulate weights and measures, 124-125
to punish counterfeiting, 125
to establish post-offices, &c., 126
to secure patents and copy-rights, 126, 127
to define and punish piracies, felonies, &c., 128
to declare war, 128
to issue letters of marque and reprisal, 129
to provide for the national defense, generally, 129,130
to legislate over the District of Columbia, 130
to make all necessary and proper laws, 130, 131
Power of congress to declare punishment of treason, 155
to admit new states, 158
to dispose of and regulate territory and other public property, 159
Powers prohibited to congress, (see prohibitions on congress.)
Premium, defined, 89
Prescription, right by, 183, 184
President and vice-president, how chosen, 139-141
President, powers and duties of, 143-147
vacancy in office, how filled, 142
power of, to fill vacancies, 146
Principal and agent, responsibility of, 202, 205
Printing, public, by whom and how done, 52
Privateering, in what cases authorized, 233, 234
Prizes in war, how disposed of, 234
Prohibition on congress--
to abolish the slave trade, 131, 132
to suspend habeas corpus, 132, 133
to pass bills of attainder, 133
to pass ex post facto laws, 133
in relation to taxation and commerce, 133, 134
to grant titles of nobility, 135
Prohibition on the states--
to form treaties, alliances, &c., 135
to grant letters of marque and reprisal, 136
to coin money, 136
to emit bills of credit, 136
to make anything but coin a tender, 136
to impair the obligation of contracts, 137
to pass bills of attainder or ex post facto laws, 137
to grant titles of nobility, 137
to lay duties, 137, 138
Promissory notes, rules concerning, 207-212
Protective duties, nature of described, 116, 117
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