into operation, but nineteen amendments have been proposed, and but fifteen have been ratified.

605. Steps in Making an Amendment.-These are two in number, proposing and ratifying the amendment-the same steps that were taken when the Constitution itself was made. But the Constitution provides alternative modes both of proposal and of ratification.

I. Congress may propose amendments by the vote of two-thirds of each House; or, secondly, whenever the Legislatures of two-thirds of the States make an application, Congress shall call a National convention for that purpose. The first is much the more direct and simple mode, and it might seem that it is sufficient; but as Congress might refuse to propose amendments that were demanded by the popular will, the alternative mode was provided, thus making it possible to propose amendments to which both Houses are opposed, and offering a means of escape from this danger. It has never been found necessary to call a convention for this purpose.

2. An amendment duly proposed must be ratified by the Legislatures, or by the conventions, of three-fourths of the States before it becomes binding. The Constitution itself was submitted to State conventions, because it was essential that the immediate representatives of the people, chosen for that sole purpose, should pass upon it, but in the case of amendments that is not necessary. In the resolution proposing an amendment, Congress always designates that the ratifications shall be had by the Legislatures of the States.

606. Limitations of the Power of Amendment.The Convention provided that no amendment should be made previous to 1808 changing the conclusions that it had reached with so much difficulty in relation to the slave trade and direct taxes. The other limitation was far more important than these two. No State, without its consent, can be deprived of its equal suffrage in the Senate. Ap

parently, this limitation puts this feature of the Nationa! system beyond the possibility of change; it is the most permanent part of the Constitution.

607. Form of Amendments.-When the first amendments that were proposed were under discussion in the House of Representatives in 1789, there sprang up a difference of opinion as to the form which they should take. It was first proposed to insert them in the body of the Constitution in the natural places, but it was finally decided to add them as supplements. The form of proposal then adopted has since been followed, viz.: "Resolved, . That the following Articles be proposed as amendments to the Constitution, and when ratified by three-fourths of the State Legislatures shall become valid to ali intents and purposes, as part of the same."

CHAPTER XLIV.

THE SUPREMACY OF THE UNION.

ARTICLE VI.

Clause 1.-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.

608. Validity of the Public Debt.-In the prosecution of the war against England, the Confederation had contracted a large public debt, partly domestic and partly foreign. While this debt would be as binding in morals and in international law against the new Government as against the old one, since the change in no way affected the identity of the American people or the continuity of the National life, at the same time a formal assertion of its validity in the organic law could not fail to give confidence, particularly in those countries where the foreign debt was held.

609. Weak Point in a Federal System. This is always the relation of the local governments to the general government. It is the problem of securing at once both local freedom and independence, and national union and strength. The states are equal in rank, but if the national authority stands on the same level, the union exists only in name. If the system is efficient and permanent, the national jurisdiction must therefore be paramount. This point the Constitution protects by the following clauses :

Clause 2.-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, anything in the Constitution or laws of any State to the contrary notwithstanding.

Clause 3.-The Senators and Representatives before mentioned, and the members of the several State 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.

610. The Supreme Law.-No declaration could be more distinct and emphatic than the first of these clauses, that the National Constitution, laws, and treaties are the supreme law of the land. It makes this Constitution and these laws and treaties the paramount part of the State constitutions and governments. But the Federal Convention, not content with this declaration, provided practical safeguards of the strongest character.

611. State Judges Bound.-The judges in every State are bound by the National Constitution, laws, and treaties, no matter what the constitutions and laws of their particular States may contain. All State officers are required to take an oath to that effect; but there is peculiar propriety in singling out the judges, since they construe and declare the law, and so give effect to it by their judgments and orders. In every instance in which a State judge finds the State law in conflict with the National law, he must disregard the State and declare for the Union. Furthermore, he is bound by the decisions of the National courts in respect to the National Constitution and laws, and in respect to the State constitution and laws in so far as these involve Federal questions. This provision tends to secure a consistent and uniform jurisprudence, as well as to maintain the supremacy of the National authority.

612. The Oath Prescribed.-The first law enacted by Congress under the Constitution was one prescribing the oath to be taken by National and State officers. In 1862 a very stringent oath, popularly called the "iron-clad oath," was prescribed for all officers under the General Government, including Senators and Representatives. This act was applied in 1865 to attorneys practicing in the National courts,

but the provision was declared unconstitutional by the Supreme Court in 1866.1 The act of 1862 has since been repealed. The oath of 1789 is: "I, A B, do solemnly swear, or affirm (as the case may be), that I will support the Constitution of the United States."

613. Limit of the National Supremacy. The supremacy of the Union is limited to those powers and functions that are delegated to it by the Constitution. Within this sphere, it is all powerful; beyond this sphere, it has no power whatever. The laws enacted by Congress are supreme so long as they are in force; when they are declared repugnant to the Constitution by the proper authority, they are null and void.

614. No Religious Test.-Governments having state churches have often required religious qualifications for holding offices or public trusts. The English Test and Corporate Act, passed in 1675, which included among its qualifications for entering on any municipal office a reception of the communion according to the rites of the Anglican Church, was not repealed until 1828. Jews were not allowed to sit in the House of Commons until 1858. The Lord Chancellor even now must be a Protestant. Similar tests were common in the Colonies, and have also existed in the States. It was not until 1877 that New Hampshire struck from her constitution clauses requiring her Governor and legislators to be adherents of the Protestant religion. The National Constitution makes religion an individual, and not a political matter, by establishing the widest tolerance. However, this rule has no application to the States. The Supreme Court has said: "The Constitution makes no provision for protecting the citizens of the respective States in their religious liberties; this is left to the State constitutions and laws; nor is there any inhibition imposed by the Constitution of the United States in this respect on the States."2

1 Ex Parte Garland, 4 Wallace 333.

2 Permoli v. First Municipality, 3 Howard 589.