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cessive fines imposed, nor cruel and unusual punishments inflicted.

ART. IX. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

ART. X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.1

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. SEC. 1. The electors shall meet in their respective States, and vote by ballot for President and Vice President, 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 cach, 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 number, 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 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 two-thirds of

1 These, the first ten amendments, were ratified in 1791.

2 Adopted in 1798.

the States, and a majority of all the States shall be neces-sary to a choice. And if the House of Representativesshall 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.

SEC. 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 appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choosethe 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.

SEC. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.1

ART. XIII. SEC. 1. Neither slavery nor involuntary ser-vitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within theUnited States, or any place subject to their jurisdiction.

SEC. 2. Congress shall have power to enforce this articleby appropriate legislation."

ART. XIV. SEC. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person

1'At the fourth Presidential election, Thomas Jefferson and Aaron Burr were the democratic candidates for President and Vice President.. By the electoral returns they had an even number of votes. In the House of Representatives, Burr, by intrigue, got up a party to vote for him for President; and the House was so divided that there was a tie. A contest was carried on for several days, and so warmly, that even sick members were brought to the House on their beds. Finally one of Burr's adherents withdrew, and Jefferson was elected by one majoritywhich was the occasion of this twelfth article.' Adopted in 1804. 2 Adopted in 1865.

of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

SEC. 2. 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.

SEC. 3. 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.

SEC. 4. 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 norany 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.

SEC. 5. Congress shall have power to enforce, by appropriate legislation, the provisions of this article.1

ART. XV. SEC. 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.

SEC. 2. Congress shall have power to enforce this article by appropriate legislation."

90. Distribution.

(3 g a) OF THE POLITICAL SYSTEM ESTABLISHED BY THE ORGANIC LAW: AND HEREIN, FIRST

(1 ha) OF THE STATES AS BODIES POLITIC, OR THE ‘PEOPLE' AS ELECTORS.

THE LEGISLATIVE POWER OF THE PEOPLE, the original warrant and sovereign authority for the constituted order of things, has now been traced in all the modes of procedure which resulted in establishing the organic law, or political constitutions, of the several states and of the United States. It remains to be traced, examined and considered, as it appears in the POLITICAL SYSTEM, to which that law or those constitutions have given birth. And here, in the investigation of that system, as a constituted order of political relations, I shall examine the nature and character, first, of the STATES as BODIES POLITIC; secondly, of the UNION of the states; and thirdly, of CITIZENSHIP of the states and of the United States.

8 91. Who 'THE BODY POLITIC,' says one of our state constitutions, compose the 'IS FORMED BY A VOLUNTARY ASSOCIATION OF INDIVIDUALS. It

political is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people,

states.

1 Adopted in 1868.

2 Adopted in 1870.

that all shall be governed by certain laws for the common good.'1

The right of SELF-GOVERNMENT, considered as a natural right, equally inheres in every individual of the human race. And thus the original source and unfailing fountain of every species of political authority, is MAN himself, HUMANITY. But since the human race must be divided into many different political societies; and since each of these societies must have a right to govern itself, it follows, as of course, that each must have a right to determine what character of persons shall be of its number, and to prescribe the conditions upon which its members shall have a voice in its common government. There must, then, in every political society, be some who are clothed with the absolute sovereignty, and some who are excluded therefrom; some who are members of the political state, and some who are members of the civil state merely. It is simply impossible that all should be clothed with political authority; whether in an equal, or in an unequal degree: however true it may be that all are equal in natural right. In a system of popular government, such as are members of the political state, can only be identified and known as a body of political co-equals; that is, as a body of electors; who compose the political state, as distinguished from the mass of citizens, who are members merely of the civil state, and have no voice in public affairs. Thus a state or political community, such as one of the United States, is a body of political co-equals, commonly called 'the people,' in whom, as electors, the paramount sovereignty, or supreme and uncontrollable authority, at all times resides, and whose sovereign will, as expressed and proclaimed by them in their written constitution of government, is their organic law, and the bond of their political existence. The United States are therefore a community of such states, united by a federal constitution, and a general government founded therein. This is the doctrine held by the Supreme Court of the United States. 'A State,' says that court, 'in the ordinary sense of the [Federal] Constitution,

1 Const. Mass. Preamble.

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