exercise of police power, and whether power is being exercised reasonably and within limits of public necessity. Id.

City, in damming up nonnavigable stream for construction of reservoir for waterworks

system acted in proprietary, not governmental, capacity; hence was liable for expenditures for protection against flooding of embankment of railway's right-of-way crossing stream. Id.

Section 2. Apportionment; Right to Vote

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. Disqualification of Officers

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.

Section 4. Public Debt

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. Enforcement

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

AMENDMENT 15. RIGHT OF CITIZENS TO VOTE

SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.

See also the Nineteenth Amendment, post.

AMENDMENT 16. INCOME TAX

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

AMENDMENT 17. POPULAR ELECTION OF SENATORS

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

AMENDMENT 18. PROHIBITION OF INTOXICATING LIQUORS SECTION 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

SECTION 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

SECTION 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

This amendment was repealed by Amendment XXI, post, and titles I and II of the national prohibition act of October 28, 1919 (41 Stat. 305), based thereon, and all amendments thereto, were specifically repealed by section 1, Title I, liquor law repeal and enforcement act of August 27, 1935 (49 Stat. 872).

AMENDMENT 19. RIGHT OF CITIZENS TO VOTE

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation. See also the Fifteenth Amendment, ante.

AMENDMENT 20. BEGINNING OF TERMS OF PRESIDENT AND MEMBERS OF CONGRESS: SUCCESSION TO PRESIDENCY

SECTION 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

SEC. 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

SEC. 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be

selected, and such person shall act accordingly until a President or Vice President shall have qualified.

SEO. 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. SEC. 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

SEO. 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

This amendment was certified by the Secretary of State as valid to all intents and purposes as a part of the Constitution of the United States, on February 6, 1933. With reference to section 2, above, public resolution of June 22, 1936 (49 Stat. 1826), provides that the Seventy-fifth Congress shall assemble on Tuesday, January 5, 1937.

AMENDMENT 21. REPEAL OF EIGHTEENTH AMENDMENT

SECTION 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

SEC. 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

SEC. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

This amendment was certified by the Secretary of State as valid to all intents and purposes as a part of the Constitution on December 5, 1933.

Provision for enforcement of section 2, supra, is made by act of June 25, 1936 (49 Stat. 1928).

Notes of Decisions

The Twenty-First Amendment did not confer upon a State the power to regulate the importation of intoxicating liquors into territory over which it has ceded to the United States exclusive jurisdiction. Collins v. Yosemite Park & Curry Co. (1938), 304 U. 8. 518; reversing (D. C., 1937), 20 F. Supp. 1009.

1. Liability to military duty.-That all able-bodied male citizens of the United States, and persons of foreign birth who shall have declared their intention to become citizens of the United States under and in pursuance of the laws thereof, between the ages of eighteen and forty-five years, are hereby declared to constitute the national forces, and, with such exceptions and under such conditions as may be prescribed by law, shall be liable to perform military duty in the service of the United States. Sec. 1, act of Apr. 22, 1898 (30 Stat. 361); 10 U. S. C. 1.

After the beginning of the World War, by the act of May 18, 1917 (40 Stat. 76), the President was authorized to raise the Regular Army to its maximum strength, and to draft into the military service of the United States any and all members of the National Guard and the National Guard Reserves, and to raise by draft an additional force of 500,000 enlisted men. By the same act he was authorized in his discretion to raise an additional force of 500,000 men and recruit training units for each component of the Army. The act of July 9, 1918 (40 Stat. 894), authorized the President during each fiscal year to raise by draft the maximum number of men which might be trained and used during such year until the conclusion of the war.

As to composition of Army of the United States, see 2, post.

As to composition of the organized peace establishment, see 3. post.

As to composition of the militia of the United States, see 1259, post.

2. Army of the United States; composition. That the Army of the United States shall consist of the Regular Army, the National Guard of the United States, the National Guard while in the service of the United States, the Officers' Reserve Corps, the Organized Reserves, and the Enlisted Reserve Corps. Sec. 1, act of June 3, 1916 (39 Stat. 166); sec. 1, act of June 4, 1920 (41 Stat. 759) ; sec. 1, act of June 15, 1933 (48 Stat. 153); 10 U. S. C. 2.