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Constitution

thority of training the militia, according to the discipline preof the United scribed by Congress.

States.

5 Wh., 1; 12 Wh, 19; 7 How, 1; 6 Wall., 35; 7 Wall., 700,

16. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles 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, dock-yards, and other needful buildings; and

2 Cr.. 444; 5 Wh.. 317: 6 Wh., 284; 1 Pe 511; 12 Pet, 524; 9 Wall., 41; 11 Wa'.. 610; 14 Wall., 675; 92 U. S., 130; 94 U. S.. 315.

17. 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 office thereof.

4 Wh.. 318; 10 Wh.. 1, 51; 8 Wa 1.. 603; 9 Wall., 353, 579; 21 Wall., 457; 15 Wall.. 195; 18 Wall., 5.

SECTION 9.

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 tax or duty may be imposed on such importation, not exceeding ten dollars for each per

son.

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.

3 Dall, 17; 2 Cr., 445; 4 Cr.. 75; 7 Wh.. 38; 3 Pet., 192; 9 Pet.. 704; 14 Pet.. 540: How., 103; 7 How,, 1; 21 How., 503; 1 Wall., 243; 4 Wal., 2; 7 Wall., 508; 8 W 1. 18; 13 Wall., 397; 18 Wall., 163; 93 U. S, 18, 393.

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

6 Cr. 87: 12 Wh. 213: 8 Pet., 88; 17 Ho v., 453; 4 Wall., 172, 277, 333; S Wal!., 505; 13 Wall.. 257; 16 Wall., 234.

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

5 Wall., 462.

5. No tax or duty shall be laid on the 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.

12 How., 299; 18 How., 421; 94 U. S., 113.

Constitution

6. No money shall be drawn from the treasury but in conse- of the United quence of appropriations made by law; and a regular state- States. ment and account of the receipts and expenditures of all public money shall be published from time to time.

7. No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them shall, without the consent of Congress, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state.

SECTION 10.

1. No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money, emit bills of credit; make anything but gold and silver coin a tender in the 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.

3 Dall, 385; 6 Cr., 87; 7 Cr., 164; 4 Wh., 122, 209, 518; 5 Wh., 420; 6 Wh., 131; 8 Wh., 1: 12 Wh., 213, 370; 2 Pet., 380; 3 Pet.. 280; 4 Pet.. 410, 514; 8 Pet., 40, 88, 281; 9 Pet., 329; 11 Pet., 257, 420; 16 Pet., 281; 1 How., 311; 2 How, 608; 3 How., 133, 534, 720; 5 How, 295; 6 How., 301, 517; 7 How., 279; 10 How.. 190, 218, 395, 402; 13 How., 12: 14 How.. 268; 15 How., 304; 16 How.. 369; 17 How., 458; 18 How.. 331; 20 How., 527: 22 How., 364; 24 How., 300, 461; 1 Black, 436, 474; 2 Black, 448, 510; 1 Wall. 116: 2 Wall.. 10; 3 Wall. 51, 210; 4 Wall., 112, 177, 277, 333, 535; 7 Wall., 487; 8 Wall.. 44, 430, 439, 575, 395, 603; 9 Wall, 35; 10 Wall., 510; 12 Wall., 457; 13 Wall., 68, 190, 264, 570, 646, 654; 15 Wall., 195, 300, 454, 460, 478, 500, 610; 16 Wall., 244, 314; 17 Wall., 596; 19 Wall., 1, 526; 20 Wall., 36; 21 Wall., 196, 249; 91 U.S., 3; 92 U. S., 631; 93 U. S., 116, 525.

2. No State shall, without the consent of Congress, lay any impost or duties on imports or exports, except what may be absolutely necessary for executing its inspection 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.

4 Wh.. 316: 9 Wh.. 1; 12 Wh., 419; 8 How., 490; 12 How, 299; 24 How., 169; 5 Wall., 432; 6 Wall., 35; 8 Wall., 110, 123, 148; 12 Wall., 204; 15 Wall., 284; 94 U. S., 238.

3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or 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.

* Wh., 1; 11 Pet., 185; 12 How., 299; 19 Wall, 581; 20 Wall., 577; 94 U. S., 208.

ARTICLE II.

SECTION 1.

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 Legisla

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Constitution

ture thereof may direct, a number of electors, equal to the of the United whole number of Senators and Representatives to which the

States.

State may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

2 Dall., 419; 20 How., 176.

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 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 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 five highest on the list the said House shall, in like manner, choose the President. 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 twothirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.

[This clause has been superseded by the 12th amendment.]

4. The Congress may determine the time of choosing the electors, and the day on which they shall give the 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 years, and been fourteen years a resiIdent within the United States.

3 Pet., 99.

6. 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 VicePresident, and the Congress may, by law, provide for the tase of removal, death, resignation, or inability, both of the Presi

dent and Vice-President, declaring what officer shall then act Constitution as President; and such officer shall act accordingly, until the of the United disability be removed, or a President shall be elected.

7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

8. Before he enters on the execution of his office he shall take the following oath or affirmation :

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States."

SECTION 2.

1. The President shall be Commander-in-Chief of the army and navy of the United States, and of the militia of the several States when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

7 Pet., 150; 18 How., 307; 4 Wall., 333; 6 Wall., 766; 9 Wall., 129, 542; 13 Wall., 128, 152, 156; 21 Wall., 73; 22 Wall., 276; 92 U. S., 187, 202.

2. He shall have power, by and with the advice and consent of the Senate, to make treaties Provided, Two thirds of the Senators present concur; and Te shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, Judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.

3 Dall., 199: 1 Cr., 137; 9 Wh., 720; 1 Pet., 511; 2 Pet,, 253; 5 Pet., 1, 233; 6 Pet 515: Pet., 224; 17 Wall., 211.

3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.

9 Wh.. 720.

SECTION 3.

1. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both

States.

Houses, or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

1 Cr. 17; 12 Pet., 524; 7 How., 1; 4 Wall. 475; 11 Wall., 493,

SECTION 4.

1. The President, Vice-President, and 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.

ARTICLE III.

SECTION 1.

1. 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. 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.

2 Dall. 419; 1 Cr., 299; 6 Cr.. 234; 1 Wh.. 304; 9 Wh., 753; 9 How., 25; 17 How.. 5.5: 18 How., 272; 1 Wall., 243.

SECTION 2.

1. 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; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects.

2 Dall. 410, 413; 3 Dail, 6, 297. 578; 4 Dall., 12; 1 Cr., 157; 2 Cr., 444; 3 Cr., 159, 267; 4 Cr.. 75, 241, 305; 5 Cr., 57, 63, 303, 344; 6 Cr.. 307; 7 Cr., 32; 1 Wh., 34; 2 Wh.. 377: 3 Wh. 533; 6 Wh.. 254; 7 Wh.. 35, 164; 9 Wh, 738; 11 Wh., 467; 1 Pet.. 511; 2 Pet, 136; 5 Pet.. 1. 283; 6 Pet., 41, 691; 7 Pet., 273, 413; » Pet, 112, 312; 9 Pet., 224; 12 Pet.. 657; 13 Pet.. 519; 14 Pet, 60, 67; 16 Pet., 539: 2 How.. 497; 3 How.. 256; 5 How.. 441: 7 How., 1; 8 How., 441; 12 How., 443, 465: 13 How., 268, 518; 16 How., 314; 17 How.. 281: 18 How, 71, 73, 272; 20 row, 170, 558; 21 How, 483; 23 How., 491: 24 How., 65: 1 Black, 574, 283, 522; 1 Wall, 243; 4 Wall., 1. 411, 475, 555; 5 Wall., 720; 6 Wall., 59; 7 Wall., 425, 571; 8 Wall., 85; 11 Wall, 1, 59, 172; 13 Wall., 270, 397, 481; 16 Wall., 203; 18 Wall., 555; 20 Wall., 445; 21 Wall.. 41, 558; 92 U. S . 10; 94 U. S., 444, 55.

2. 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. In all the other cases before mentioned, the Supreme Court shall have