How is a treaty to be regulated? 195. What was Jefferson's opinion? 139, 154-161, 228. 3 Dall. 270–277; Journal of Convention, 222, 282, 283, 293; Federalist, Nos. 44, 64; Debates on the British Treaty of 1794; Journal of the H. of Reps., 6th April, 1796; Marshall's Life of Washington, ch. 8, pp. 650-659. Sergt's Const. 3d edition, ch. 34, p. 410; 1 Debates on British Treaty, by Bache (1796), pp. 374–386; 4 Elliot's Debates, 244–248. A treaty is to be regarded by courts of justice as equivalent to an act of the legislature whenever it operates itself without the aid of any legislative provision. Foster v. Neilson, 2 Pet. 314. See Jefferson's Opinion in Washington's Cabinet, that a treaty was a law of a superior order (Greek Treaty of 1790), and could not be repealed by a future one; and see a different view, 4 Jefferson's Corresp. 497, 498; Wheaton's Life of Pinckney, p. 517.. 241. The Constitution or laws of any State to the contrary 203, 210, 211, notwithstanding. It matters not whether the action of a State is 218, 219, 226, organic, and in its Constitution, or any ordinance; or whether it be in a statute, if it violate the Constitution, laws, or treaty of the United States, it is simply void, and "the judges of every State" are bound by the supreme law, and not by the State law. Marbury v. Madison, 1 Cr. 137, 176; Calder v. Bull, 3 Dall. 386; Satterlee v. Matthewson, 2 Pet. 380, 413; Ex parte Garland, 4 Wall. 399 Cummings v. Missouri, 5 Wall. 277, 329. 142, 143. 239. Who shall the oath 19, 35, 46, 174, 182. Any religious test required? What embraced? 229-231, 241-242. All courts will declare State Constitutions and laws, which clearly violate the Constitution, laws, or treaties of the United States, void. But only in clear cases. Id. See particularly Ableman v. Booth, 21 How. 507-526. [3.] The senators and representatives before mentioned, and the members o 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. 242. “THE SENATORS," &c.—The classification embraces all the officers are legislative, executive, and judicial officers of the United States, and of the States. The practice has also been to embrace all the ministerial and militia officers of the country. The object doubtless was to procure solemn recognitions of the preceding clause. Story's Const. § 1844-1846. Especial attention is invited to the fourteenth amendment. The disqualification for participation in rebellion seems to be based upon the higher obligation to observe this oath. 274-279. What was the oath? The act of 1st June, 1789, prescribed the following oath: “I, A. B., do solemnly swear, or affirm (as the case may be), that I will support the Constitution of the United States." 1 Stat. 23; 1 Brightly's Dig. 706. No other oath is required, "yet he would be charged with insanity who would contend that the legislature might not superadd to the oath directed by the Constitution such other oath of office as its wisdom might suggest." (McCulloch v. Maryland, 4 Wheat. 416) The United States v. Rhodes (by Justice Swayne, in Kentucky, October T. 1867). 236. This is the last and closing clause of the Constitution, and in- 174, 182 serted when the whole framework of the government had been adopted by the convention. It binds the citizens and the States. And certainly no faith could be more deliberately and solemnly pledged than that which every State has pledged to the other States to support the Constitution as it is, in all its provisions, until they shall be altered in the manner which the Constitution itself prescribes. In the emphatic language of the pledge required, it is to support this Constitution. Ableman v. Booth, 21 How. 524, 525. The act of Congress of 2d July, 1862, 12 Stat. 502, § 1, requires What is the all federal officers to take the following oath :-I, A. B., do test oath? solemnly swear (or affirm), that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted, nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power, or Constitution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God." The oath may be taken before any State officer authorized to 142, 143. administer oaths. If it be falsely taken, or if it be subsequently violated, it is perjury. The oath is required of all attorneys practicing in the federal courts, and before any of the departments of government, and of all captains of vessels. 2 Brightly's Dig. p. 348 and p. 50; 12 St. 610. It was held by Judge Busteed, of the United States District Court of Alabama, that, as to lawyers, this test oath was unconstitutional. The statute has been held to be unconstitutional as to attorneys How far of the Supreme Court of the United States who were such before unconstituthe rebellion, and who could not take the oath because of their participation in it. Garland's Case, 4 Wall. 381. tional ? oath? "NO RELIGIOUS TEST was doubtless used in the sense of the What is a statute of 25 Charles II., which required an oath and declaration religious against transubstantiation, which all officers, civil and military, were formerly obliged to take within six months after their admission. See Webster's Dic., TEST. The object was to cut off all pretense of alliance between Church and State. Story's Const. § 184, 245. 235. By how many States to be rati fied? 754; 4 Black. Com. 44, 53-57; 2 Kent's Com. Lect. 24, 34, 35; Rawle's Const. ch. 10, p. 121. ARTICLE VII. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. Done in Convention, by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names. GEORGE WASHINGTON, Presid't, And deputy from Virginia. 243. "RATIFICATION" [Ratificare; from ratus, valid, and facere, Define to make. Litt. Sec. 515. Equivalent to "confirmare."]-Co. Litt. ratification? 295b. A confirmation of a previous act done either by the party 46. himself or by another. (Story on Agency, § 250, 251; 2 Kent's Com. 237.) Burrill's Law Dic., RATIFICATION. "OF THE CONVENTIONS OF NINE STATES."-This was intended to leave the action to the people, as the legislatures could only make a league or treaty between the parties. Federalist, No. 43. See Story's Const. § 1850-1856, and 621. "States" "BETWEEN THE STATES RATIFYING THE SAME.". "_"States" is In what here used in the sense of independent governments, which could sense is not act, however, through their legislatures; but only through the here used? conventions of the people. But when, is not declared. That the 6. rejection by a convention was no estoppel upon a State, is proved by the case of North Carolina, whose first convention rejected the Constitution. The condition of the non-ratifying States is not defined; but the principles of self-preservation were strongly set forth at that day. Federalist, 43; No. 2 Kent's Com. Lect. 24, 30-36; Rawle's Const. ch. 10, p. 121; Story's Const. § 1851, 1852. "ESTABLISHMENT," is here used in the same sense as the verb 1–13, 248. in the preamble: the putting the government created by the Constitution into operation. For To what 229-232. Ratifying extends beyond a literal definition of the term. although the "new States," and the independent nation (Texas) does ratifying extend? which have since been admitted into the Union, cannot be said to have ratified the Constitution in the sense of agreeing to the act done by themselves or another for them; yet in theory and in practice, they have agreed to all its obligations; and because of this agreement, every citizen for himself, and each State in its 205, 271. sovereign or corporate capacity, is bound by all the obligations which the Constitution and the amendments impose. See the able opinions in Chisholm v. Georgia, 2 Dall. 474. See Preface, p. v. Thus we see that from the first word in the preamble to the end of this stupendous work, there is a constant recurring necessity to carefully weigh every word and phrase; to arrive at the definitions by consulting the whole context, and interpreting each part by the ordinary rules of interpreting other great laws and compacts among men; that is by the words of the instrument, its context, its reason and spirit, the old law, the mischiefs and the remedies intended to be applied; always bearing in mind the great principle, that the compact must strengthen rather than perish. 6. fied by the The Constitution was adopted on the 17th September, 1787, by When was the convention appointed in pursuance of the resolution of the the ConstiCongress of the Confederation, of the 21st February, 1787, and tution ratiwas ratified by the conventions of the several States, as follows, States? viz. :-Of Delaware, on the 7th December, 1787; Pennsylvania, 12th Dec., 1787; New Jersey, 18th Dec., 1787; Georgia, 2d Jan., 229, 230. 1788; Connecticut, 9th Jan., 1788; Massachusetts, 6th Feb., 1788; Maryland, 28th April, 1788; South Carolina, 23d May, 1788; New Hampshire, 21st June, 1788; Virginia, 26th June, 1788; New York, 26th July, 1788; North Carolina, 21st Nov. 1789; Rhode Island, 29th May, 1790. North Carolina rejected it at its first convention. Story's Const. § 1851. When were the amendments proposed? What was the object of the amendments? What restrictions as to religion, speech, the press, and right of pe tition? Define "establish ment"? 244. AMENDMENTS TO THE CONSTITUTION.-These thirteen articles proposed by Congress, in addition to, and amendment of the Constitution of the United States, having been ratified by the legislatures of the requisite number of the States, have become parts of the Constitution. The first ten amendments were proposed by Congress at its first session, in 1789. The eleventh was proposed in 1794, the twelfth in 1803, and the thirteenth and fourteenth (in note 275), as explained in notes 274, 275-285. Brightly's Dig. p. 12, note (a). For the reasons which led to these amendments, see 2 Elliot's Debates, 331, 380-427; 1 Id. 119–122; 3 Id. 139, 140, 149, 153; Story's Const. § 1857-1868; 2 American Museum, 423, 425; Id. 534; Id. 540-546; Id. 553; 2 Kent's Com. Lect. 24; Federalist, No. 84; 1 Lloyd's Debates, 414, 420, 430–447. And see the History of the Rebellion for the 13th and 14th. The whole object seems to have been to limit the powers of the government by the prohibitory power of a bill of rights, notwithstanding the government was one of limited powers, and contained many restrictions in the shape of a bill of rights. Story's Const. § 1857-1862. ARTICLE I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. 245. "ESTABLISHMENT."-Here it means a system of religion recognized and supported by the State; as the Establishment or 93, 104, 248. Established Church of England. Worcester's Dictionary, ESTABLISHMENT; Story's Const. § 1871. What is religion? What was 242. “OF RELIGION."—[Lat. Religio, from re and ligo to bind.]-An acknowledgment of our obligation to God as our creator, with a feeling of reverence and love, and consequent duty of obedience to him, &c. Here a particular system of faith or worship. Worcester's Dic., RELIGION. Webster, ld. for a more comprehensive definition. The real object of the amendment was, not to countenance, much the object? less to advance Mahometanism, or Judaism, or infidelity, by prostrating Christianity; but to exclude all rivalry among Christian sects, and to prevent any national ecclesiastical establishment which would give to a hierarchy the exclusive patronage of the national government. Story's Const. § 1877; 2 Lloyd's Debates, 195-197. For a discussion of the subject, see 2 Kent's Com. (11 ed.) Lect. 24, pp. 35-37; notes 1, a, b, c, d. Rawle's Const. ch. 10, pp. 121, 122; Montesq. Spirit of Laws, B. 24, ch. 3, 5; 1 Tuck. Black. Com. App. 296; 2 Id. note G, pp. 10, 11; 4 Black. Com. 41-59; Lord King's Life of Locke, 373; Jefferson's Notes on Vir |