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ARTICLE I-Continued.

square) as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States; and to exercise like authority over all places purchased, by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and

U. S. v. Fox, 94 U. S. 315; Phillips v. Payne, 92 id. 130; Willard v. Presbury, 14 Wall. 676; Dumphy v. Kleinsmith, 11 id. 610; U. S. v. Dewitt, 9 id. 41.

18. 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.

Nat. Bank v. Com., 9 Wall. 353; Thompson v. Railway Co., id. 579; Parker v. Davis, 12 id. 457; Railroad v. Johnson, 15 id. 195; Railroad v. Peniston, 18 id. 5.

Porto Rico became territory appurtenant to the United States but not a part of the United States. Downes v. Bid

well, 182 U. S. 1988; Goetze v. United States, id. 1066.

Porto Rico and the United States were foreign countries with respect to each other, while the island was under mili1ry occupation. Dooley v. United States, 182 U. S. 1074.


1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight hundred and eight; but a tix or duty may be imposed on such importation not exceeding ten dollars for each person.

Dred Scott v. Sanford, 19 How. 393.

2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.

ARTICLE I-Continued.

Matter of Karstendick, 93 U. S. 396; Matter of Parks, id. 18; Matter of Lange, 18 Wall. 163; Tarble's Case, 13 id. 397; Matter of Yerger, 8 Wall. 83.

3. No bill of attainder, or ex post facto law shall be passed.

Hope v. People, 110 U. S. 589; Kring v. Missouri, 107 id. 221 Pierce v. Carskadon, 16 Wall. 234.

Statute changing minimum punishment, but leaving maximum punishment unchanged is constitutional. People v. Hayes, 140 N. Y. 484, and Tiedeman on State and Federal Control of Persons and Property, Vol. 1, pp. 86-92. See also Colder v. Bull, 3 Dall. 386.

4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.

License Tax Cases, 5 Wall. 462.

5. No tax or duty shall be laid on any articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear or pay duties in another.

Morgan's S. S. Co. v. Louisiana, 118 U. S. 455; Page v. Burgess, 92 id. 372.

6. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.

See United States v. Johnston, 124 U. S. 236.

7. No title of nobility shall be granted by the United States; and no person holding any oflice of profit and trust under them shall, without the consent of the con

accept of any present, emolument, office or title of

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any kind whatever, from any king, prince, or foreign



1. No state shall enter into any treaty, alliance or

confederation; grant letters of marque and reprisal; coin
money; emit bills of credit; make any thing but gold
and silver coin a tender in payment of debts; pass any
bill of attainder, ex post facto law, or law impairing the
obligation of contracts; or grant any title of nobility.
Er post facto. See Paschal's Annotated Const. (2d ed.)

391: Cook's N. Y. Penal Code, § 2, and notes; Matter of

Medley, 134 U. S. 160; 41 Alb. L. J. 331; Gut v. State, 9

Wall, 35; Kring v. Missouri, 107 U. S. 224; Matter of Saw-
yer, 124 id. 200; Matter of Garland, 4 Wall. 333; People v.
Cox, 67 App. Div. (N. Y.) 344; People v. Coler, 71 id. 584;
Matter of Pell's Estate, 171 N. Y. 48.

Obligation, etc.- Minneapolis, etc.. R. Co. v. State, 134

T. S. 467; Little v. Bowers, id. 567; DeSaussure v. Gaillard,

127 id. 216; Mayor, etc., v. Eighth Avenue R. Co., 43 Hun,

618; New York Cable Co. v. Chambers St. R. Co., 40 id. 31;

New Orleans Water-works Co. v. Louisiana, etc., Co., 125

U. S. 18; Bowman v. Chicago, etc., id. 465; West Wisconsin

R. Co. v. Supervisors, 93 id. 595; Home Ins. Co. v. City

Council, id. 116: County, etc., v. Ten Cent Savings Bank, 92

id. 631 Wilmington, etc., R. Co. v. King, 91 id. 3; Ochiltree

v. Railroad, 21 Wall. 249; Garrison v. City of New York, id.

196; Pacific Ry. Co. v. Maguire, 20 id. 36.

Bills of credits. People v. Brie, 5 N. Y. Cr. Rep. 272;

Craig v. State, 4 Pet. 410; Byrne v. State, 8 id. 40; Briscoe

v. Bank of Commerce, 11 id. 257.

2. No state shall, without the consent of the congress,
lay any imposts or duties on imports or exports, except
what may be absolutely necessary for executing its in-
spection laws, and the net produce of all duties and
imposts laid by any state on imports or exports shall be
for the use of the treasury of the United States, and all
such laws shall be subject to the revision and control of
the congress. No state shall, without the consent of the
congress, lay any duty or tonnage, keep troops or ships
of war in time of peace, enter into any agreement or

ARTICLE I-Continued.

compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

See People v. Edye, 11 Daly, 132; Inman S. S. Co. v. Tinker, 94 U. S. 238; Packet Co. v. St. Louis, 100 id. 423; Packet Co. v. City of Keokuk, 95 id. 80; Cannon v. New Orleans, 20 Wall. 577; Cole v. Johnson, 10 Daly, 258.

State tax on gross receipts. 15 Wall. 284; State Tonnage Tax Cases, 12 id. 204; Hinson v. Lot, 8 Wall. 148; Woodruff v. Perham, id. 123; Waring v. Mayor, id. 110; Crandall v. State, 6 Wall. 35; License Tax Cases, 5 id. 462; Almy v. State, 24 How. 169; Cooley v. Board, etc., 12 id. 299; Mager v. Grima, 8 id. 490.



1. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years; and, together with the vice-president chosen for the same term, be elected as follows:

2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress: out no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

3. The electors shall meet in their respective states. and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to

Daragraph has been superseded by the 12th amend

ARTICLE II—Continued.

the seat of 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 shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such a majority, and have an equal number of votes, then the house of representatives shall immediately choose, by ballot, one of them for president; and if no person have a majority, then, from the highest on the list, the said house shall, in like manner, choose the president. But in choosing the president, the vote 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. In every cas?, after the choice of the president, the person having the greatest number of votes of the electors shall be the vicepresident. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice-president.

4. The congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.

5. 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

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