States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. This is a very significant provision; it declares that all powers not given up to Congress, belong to the people of the several states. 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.-1. The electors shall meet in their respective states, and vote by ballot for President and VicePresident, 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 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 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 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 menbers 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. 2. 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 appɔinted; 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. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. In the Constitution as originally adopted, Sec. I of Article II. pointed out the mode of electing the President and Vice-President of the United States. This passage was subsequently struck out, and the preceding amendment took its place. It is by the rule here laid down that these high officers of the government are now chosen. In most cases, the presidents have been chosen by the electors selected by the people: but in some cases it has been otherwise. In 1825, there being no choice by the electors, John Quincy Adams, of Massachusetts, was chosen by the House of Representatives. ART. XIII.-If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any ffice of trust or profit under them, or either of them. i Review of the Constitution. As the Constitution is the very foundation of our national government, we Americans cannot study it too much, or understand it too well. All citizens, especially, who have a right to vote, and who therefore use an influence for good or ill in giving character to the actual, practical government, or administration, that springs out of the Constitution, should know what it means; what it requires, and what it prohibits. In the first place, we remark that this Constitution establishes a confederation or federation of states; hence it is called a federal government: that is, a league or union of several parties. It is a partnership, in which the several states, with the people thereof, are the parties, each having an interest, and taking a share, in the good or ill that may flow from the union. It establishes a distribution of powers, as we have before stated, into three branches: Legislative, conferred on Congress; Executive, confided to the President; and Judicial, entrusted to the federal courts. It keeps these powers distinct, the design being to make one branch a check on the other, so as to prevent a dangerous degree of power from sliding into the hands of one man, or one set of ⚫ men. It makes Congress the source whence the laws proceed: it makes it the duty of the president to see that the laws are executed; it makes it the province of the judges to interpret and apply the laws; that is, to decide cases of dispute which arise under them. The Constitution takes away from the individual states, and gives to the federal government, all power to make treaties; to carry on war against foreign nations; to have a standing army and a navy; to establish post-offices and post-roads; to establish navigation laws, custom-houses, lighthouses, and generally to regulate and control the great interests of commerce; to coin money; in short, to preside over those interests which affect the whole country, as a nation. While the Constitution thus takes from the states and gives to the federal government, certain powers, it leaves the states in possession of all that is not thus expressly given away; it leaves the states, still, as independent republics, to carry on their several governments, and to manage all their affairs, as the people thereof may please, subject to no restraint, except what the Constitution imposes. The Constitution, applying to the whole country, binds us together as a nation, of which a state is only a member. It is the Constitution, therefore, which is likely to form and fashion our national character it is the national government, founded on this, which is chiefly regarded by foreign countries; for it is the federal government, only, which makes treaties and holds official intercourse with other nations. The Constitution is the great bulwark of our liberties. Were it not for this, what would prevent two states from being involved in constant war? What would prevent a small state, like Rhode Island or Connecticut, from being oppressed by a powerful state, like New York? What would protect a citizen of one state, passing into another, from unjust taxation, imprisonment, or oppres sion, were it not for the Constitution? CHAPTER LII. ர்ஸ் Review of the Constitu As the Constitution is the our national government, study it too much, or under citizens, especially, who ha who therefore use an giving character to the tion establishes people th h They and control the REVIEW OF THE CONSTITUTION. gives to the federal government itation takes away from the indi reaties, to on war agamat pure Aure 213 before stated, is divided into two Senate and House of Representatives. hold their sessions, separately, in two splenin the Capitol at Washington. Senat are chosen for six years; there are two from bers. each state; of course there are fifty-two memA person cannot hold a seat in the Senate, who is under thirty years of age. Beside its legislative powers, the Senate have the privilege of ratifying or rejecting treaties made by the President, or persons nominated by him to office. The members of the House of Representatives must be twenty-five years old: they are chosen, by the people of the states they represent, for two years. According to the present apportionment, which is seventy thousand six hundred and eighty inhabitants to one representative, the number of representatives is two hundred and twenty-seven. |